Court Report

Theft, mischief, breaches result in jail

The court has sentenced a Grand-Pre man to jail -- followed by a term of probation -- for a series of breaches, a theft and mischief.

It also fined the accused for driving while his blood-alcohol readings exceeded the legal limit.

Nathan Malcolm Cox, 22, pleaded guilty in Kentville provincial court Tuesday, Oct. 9 to two counts of failing to comply with probation, two of failing to comply with recognizance orders, two of failing to comply with court undertakings, theft and mischief.

He had also pleaded guilty July 25 to the breathalyzer charge.

Judge Alan Tufts sentenced Cox to four months in custody for each of the breaches, theft and mischief, to be served concurrently and followed by 18 months of reporting probation. Cox had been in remand since Oct. 1.

Probationary conditions include, among others: that Cox perform 30 hours of community service, or make a $200 charitable donation to the Red Door; take any assessment, counselling or treatment recommended by Corrections officials; refrain from associating with those with criminal, drug or youth records; and refrain from possessing and/or consuming alcoholic beverages and/or non-medically prescribed drugs.

Concerning the breathalyzer conviction, Judge Tufts fined Cox $800 plus a $120 victim surcharge.

The court had already prohibited Cox July 25 from driving in Canada for two years. The Nova Scotia Registry of Motor Vehicles will ban Cox from driving in the province for at least that long.

Cox commited the first probationary breach in Wolfville June 4 to Sept. 30, 2006 - he failed to perform 50 hours of community service work as ordered; he committed the theft and the second probation breach at a Kentville store Feb. 9, 2007; the first undertaking breach, Wolfville, April 8; the mischief and first recognizance breach, Grand-Pre; breathalyzer offense and the second undertaking breach, Kentville, July 20.

Police had found July 20 that Cox had care and control of a motor vehicle while his blood-alcohol readings were 170 and 150 milligrams of blood per 140 millilitres of blood. The legal limit is 80 mg/100 ml.

Admitted CSO breach

Kentville resident Michael James Melanson, 20, admitted Oct. 9 that he breached his conditional sentence order (CSO).

Judge Tufts suspended the CSO for three months, during which time Melanson will be in custody.

The court imposed the two years less a day CSO in Halifax, March 27 for a June 1, 2006 robbery and possession of property valued at less than $5,000 and known to have been obtained illegally.

Melanson committed the breach in Kentville early Sept. 27 when police found he was not at home as ordered. He remained in remand by consent from the time of his apprehension on the breach allegation.

Melanson had committed previous breaches to his CSO.

Breathalyzer fine

Berwick resident Todd Robin Daniels, 22, pleaded guilty Oct. 9 to driving while his blood-alcohol level exceeded the 80 mg/100 ml limit.

Judge Tufts fined Daniels $900 plus a $135 victim surcharge, or 17 days in custody on willful default, and prohibited him from driving in Canada for a year. Registry of Motor Vehicles will prohibit Daniels from driving in the province for at least a year.

Daniels committed the offense in Kentville Aug. 31 when police found he had blood-alcohol readings of 170 and 160 mg/100 ml.

Privilege revoked

Dartmouth resident Gary Robert Kearse, 38, pleaded guilty Oct. 9 to driving while his privilege of obtaining a driver’s license was revoked, contrary to the Nova Scotia Motor Vehicles Act.

Judge Tufts fined Kearse $500 plus a $75 victim surcharge.

Kearse committed the offense in Kentville March 27.

Granted conditional discharge

Judge Tufts granted a conditional discharge Oct. 9 to Kentville resident Stacie Lyn Graves, 25, on two charges of theft of property valued at less than $5,000. The discharge is pending 12 months of reporting probation and making a $500 charitable donation to the Red Door.

The charges stem from incidents at a New Minas restaurant Sept. 9 and 25. Tufts found Graves guilty of the charges Oct. 9.