Windsor Court Report

Remand time served

The court has considered remand time served the proper penalty for a Scotch Village woman who breached her conditional sentence order (CSO).

Kimberly Dawn Phinney, 30, admitted in Windsor provincial court Tuesday, Oct. 9 that she breached her four-month CSO.

Judge Claudine MacDonald deemed the seven days Phinney had served in remand from Oct. 2 as ample penalty for the breach. The judge continued the CSO.

Phinney breached the CSO Sept. 25 when she was found to be absent from her residence without permission. She had consented to remand since her Oct. 2 court appearance on the matter.

Imposed July 4, the CSO is the result of a Nov. 13 theft from a New Minas industry and related probation breach.

This was the accused’s third breach in two incidents.



Probation for assault with weapon

Judge MacDonald suspended sentencing on Beaverbank, Halifax County resident John Edward Arnold Shippien, 31, Oct. 9 for convictions of assault with a weapon, a can of noxious spray; and possession of a weapon, the can of noxious spray; for the purpose of committing an offense.

The judge imposed a term of 18 months of reporting probation on Shippien for the offenses, prohibited him from possession of firearms for five years and ordered him to provide a DNA sample to Corrections officials.

Probationary conditions include Shippien refraining from possessing and/or consuming alcoholic beverages and refraining from contacting the victim.

Shippien committed the offenses in Windsor Aug. 19, 2006. He pleaded guilty to the charges Aug. 14.

Break-ins result in probation

Windsor resident Melissa Brightman, 23, pleaded guilty Oct. 9 to break and entry at a church and committing an indictable offense therein, and to break and entry at a residence and committing an indictable offense therein.

Judge MacDonald suspended sentencing on Brightman for the convictions and imposed a term of 18 months of reporting probation on her.

Probationary conditions include Brightman taking assessment, counselling or treatment recommended by Corrections officials.

Brightman committed the church break-in in Windsor March 13-14 and the dwelling break-in at Mount Denson April 10.

Another young woman has been charged in connection with the break-ins, as well.

Fled the accident scene

Scotch Village resident Stephen Owen Purchase, 33, pleaded guilty Oct. 9 to, in order to avoid criminal or civil liability, fleeing the scene of a motor vehicle accident and not identifying himself.

Judge MacDonald fined Purchase $250 plus a $37.50 victim surcharge, or four days in custody on willful default, imposed a term of four months of reporting probation on him, and ordered him to pay $280.80 in restitution to the victim.

The restitution payment is a probationary condition.

Purchase committed the offense in Lakeland Aug. 17.

Broke curfew

Gypsum Mines resident Bruce Wade Whiting, 38, pleaded guilty Oct. 9 to failing to comply with a probation order.

Judge MacDonald fined Whiting $200 plus a $30 victim surcharge, or three days in custody on willful default.

Whiting committed the breach in Windsor Aug. 11 when he broke a curfew condition of his probation.

Breached probation

Windsor resident Jennifer Lynn Hart, 29, pleaded guilty to failing to comply with a probation order.

Judge MacDonald fined Hart $100 plus a $15 victim surcharge, or one day in custody on willful default.

Hart committed the breach in Windsor between Dec. 12, 2005 and Dec. 11, 2006 when she failed to perform 25 hours of community service as ordered by the court.

Fought on roadway

Three Mile Plains resident Brian Kelsey MacDonald, 29, pleaded guilty Oct. 9 to causing a disturbance in a public place, a roadway, by fighting.

Judge MacDonald fined MacDonald $50 plus a $7.50 victim surcharge.

The accused committed the offense in Windsor Feb. 18.

Convicted automatically

Judge Alan Tufts convicted automatically Brooklyn resident Deborah K. Shay, 47, Friday, Oct. 5 of driving an unregistered vehicle, contrary to the Nova Scotia Motor Vehicles Act.

The judge fined Shay $50 plus a $7.50 victim surcharge and $100 in costs.

Shay committed the offense in Brooklyn Aug. 28. She appeared in court on the charge Oct. 2.