Court Report

Jailed for assaults, threats

A New Minas man has received a series of consecutive sentences and a term of probation for assaults and threats.

Judge Jean-Louis Batiot found John Leander Hank Gibson, 46, guilty in Kentville provincial court of three counts each of assault and uttering threats to cause death or bodily harm.

Judge Batiot sentenced Gibson to one month in custody each for the assaults and the first two threats, and to an additional four months for the third threat. The sentences are to be followed by three years of reporting probation.

The total sentence is nine months, but the court deducted four months’ credit for Gibson being in remand since late July, leaving five months.

The probationary terms include, among others, Gibson taking assessment, counselling or treatment recommended by Corrections officials, and having no contact with the victims.

Gibson uttered the first threat in Kentville June 22, 2007; the first assault June 23; the second and third assaults and the second threat utterance July 3; and uttered the last threat July 10.



Fine, probation for drunk driving

In court Monday, Oct. 15, Judge Claudine MacDonald fined Waterville resident Ryan Davis Sangster, 22, $1,500 plus a $225 victim surcharge, or 28 days in custody on willful default, for driving while his blood-alcohol level exceeded the legal limit.

MacDonald also imposed a term of one-year reporting probation on Sangster, among the conditions of which include taking any assessment, counselling or treatment recommended by Corrections officials and refraining from possession and/or consumption of alcoholic beverages and/or non-medically prescribed drugs.

As well, the judge prohibited Sangster from driving in Canada for two years, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

Sangster committed the offense in Waterville Dec. 9 when police found he had a blood-alcohol reading of 176 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/100 ml.

The Criminal Code allows for steeper penalties in those breathalyzer cases in which readings exceed 160, or if there are further aggravating circumstances.

Sangster pleaded guilty to the charge Aug. 20. The court withdrew two charges of impaired driving resulting in bodily harm.

Fined for breathalyzer

Garland resident Bruce Mitchell Bonisteel, 64, pleaded guilty Oct. 15 to having care and control of a motor vehicle while his blood-alcohol readings exceeded the 80 mg/100 ml limit.

Judge MacDonald fined Bonisteel $800 plus a $120 victim surcharge, or 15 days in custody on willful default, and prohibited him from driving in Canada for a year.

The Registry of Motor Vehicles will ban Bonisteel from driving in the province for at least a year.

However, the judge approved Bonisteel entering a program to have an interlocking breathalyzer device on his vehicle after three months of the ban.

Bonisteel committed the offense in Berwick Sept. 1 when police found he had blood-alcohol readings of 140 and 130mg/100 ml.

Thousands in MVA fines

Greenwood resident Corey Gerard Smith, 26, pleaded guilty Oct. 15 to two counts of driving while his privilege of obtaining a license was revoked, driving without the requisite liability insurance, driving an unregistered vehicle and driving a vehicle that didn’t have a valid inspection sticker, all contrary to the Nova Scotia Motor Vehicles Act.

Judge MacDonald fined Smith $500 plus a $75 victim surcharge for the first revoked privilege offense and $1,200 plus a $180 victim surcharge, or 30 days in custody served concurrently, for the second.

For the insurance offense, the judge fined Smith $1,000 plus a $50 victim surcharge , or 30 days in custody on willful default. She fined him $100 plus a $15 victim surcharge each for the registration and inspection sticker offenses.

Smith committed the second revoked privilege offense in Greenwood July 14. He had committed the others in Aylesford May 27.

Left the accident scene

South Alton resident Everett Thomas Redden, 52, pleaded guilty Oct. 15 to, in order to avoid civil or criminal liability, leaving the scene of an accident in which he was involved and not stopping to identify himself.

Judge MacDonald fined Redden $500 plus a $75 victim surcharge, or nine days in custody on willful default, and prohibited him from driving in Canada for six months.

Redden committed the offense in Coldbrook Aug. 26.

Drove while privilege revoked

Centreville resident Vincent Roy Smith, 45, pleaded guilty Oct. 15 to two counts of driving while his privilege of obtaining a license was revoked, contrary to the Motor Vehicles Act.

Judge MacDonald fined Smith $500 plus a $75 victim surcharge for the first offense and $1,000 plus a $115 victim surcharge for the second.

Smith committed the first offense in Coldbrook June 9 and the second on Tremont Mountain Road July 5.

Fined for driving

Kentville resident Arthur Lewis Keddy, 36, pleaded guilty Oct. 15 to driving while his privilege of obtaining a license was revoked, contrary to the Act.

Judge MacDonald fined Keddy $700 plus a $105 victim surcharge. Keddy committed the offense in Wolfville Sept. 1.

Breached probation

Greenwood resident Matthew James Zinck, 28, pleaded guilty Oct. 15 to failing to comply with a probation order.

Judge MacDonald suspended sentencing on Zinck for the conviction and imposed three months of reporting probation on him. The judge also ordered Zinck to pay $162 in restitution.

Zinck committed the breach in Kentville April 1, 2006 to March 1, 2007 when he failed to pay the $162 in restitution.

Stored firearm, possessed marijuana

Blue Mountain resident Ralph Frederick Kelly, 39, pleaded guilty Oct. 15 to unlawfully storing a firearm and to possession of cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act.

Judge MacDonald fined Kelly $200 plus a $30 victim surcharge, or three days in custody on willful default, for the firearms offense, and $100 plus a $15 victim surcharge, or one day concurrent in custody on willful default.

Kelly committed the offenses in Blue Mountain May 4.

Received conditional discharge

Judge Batiot granted a conditional discharge Oct. 12 to Greenwood resident Nathalie Yvonne Clement, 37, on charges of uttering a threat and failing to comply with a court undertaking.

The discharge is pending 12 months of reporting probation, the conditions of which include Clement taking assessment, counselling or treatment recommended by Corrections officials and refraining from possession and/or consumption of alcoholic beverages or non-medically prescribed drugs.

The threat-related charge resulted from an incident in Greenwood Nov. 25, 2006 while the undertaking-related charge stemmed from an incident March 27.

Clement pleaded guilty to the charges June 6 and Oct. 12, respectively.

In other court matters

Dartmouth resident Eric Fernand Arts, 20, pleaded guilty Oct. 15 to illegal possession of liquor under the Nova Scotia Liquor Control Act, and requested a remission of penalty.

Judge MacDonald granted the remission and fined Arts $100. The usual penalty is about $300 plus a $45 victim surcharge and $100 in costs.

Arts committed the violation in Wolfville Sept. 8.

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East Lawrencetown, Halifax County resident Samuel Wayne Edmonds, 19, pleaded guilty Oct. 15 to illegal possession of liquor, contrary to the Act, and requested a remission of penalty.

Granting the remission, Judge MacDonald fined Edmonds $100. Edmonds committed the violation in Wolfville Sept. 8.

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Wolfville resident Andrew Ryan Koza, 20, pleaded guilty Oct. 15 to illegal possession of liquor, contrary to the Act, and requested a remission of penalty.

Judge MacDonald granted the remission and fined Koza $100. Koza committed the violation in Wolfville Sept. 2.

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Wolfville resident Cody James White, 19, pleaded guilty Oct. 15 to illegal possession of liquor, contrary to the Act, and requested a remission of penalty.

Granting the remission, Judge MacDonald fined White $100. White committed the violation in Wolfville Sept. 5.