Court Report

Thefts, breaches result in CSO

A young Berwick man received a conditional sentence order (CSO) – including a short period of house arrest - for thefts and breaches he committed last year.

The order was possible because of recent positive moves in the accused’s life.

In Kentville provincial court Jan. 29, Judge Alan Tufts imposed a six-month CSO, followed by one-year reporting probation, on Daniel Wayne Surette, 19, for two counts of theft, tree probation breaches and an undertaking breach.

The CSO includes 60 days’ house arrest, with the usual exceptions for work, emergencies, appointments and so on. Both the CSO and probation conditions include Surette taking any recommended assessment, counseling or treatment; a ban on his possessing or consuming alcoholic beverages or non-medically prescribed drugs and a prohibition on association with those with criminal, youth or drug convictions. He must also keeping working or seeking employment.

Both Crown prosecutor Darrell Carmichael and defense counsel had noted positive aspects of Surette’s pre-sentence report.

Surette committed the first theft from an individual and the first probation breach in Waterville between Aug. 1 and 6, 2007; the second probation breach, Waterville, Aug. 8; the second theft and third probation breach, at a Berwick convenience store, Aug. 25; and the undertaking breach, failing to report to police, Berwick, Sept. 28 to Oct. 5.

He pleaded guilty to the charges Nov. 19.

More than twice the limit

Kentville resident Michael Alexander Merrett, 21, pleaded guilty Jan. 28 to driving a vehicle while his blood/ alcohol level exceeded the legal limit.

Judge Alan Tufts fined Merrett $900 plus a $135 victim surcharge, or 17 days’ custody on willful default, and prohibited him from driving in Canada for a year.

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

Merrett committed the offense in Kentville Dec. 16, when police found he had blood/ alcohol readings of 190 and 180 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg /100 ml. The Criminal Code of Canada allows for increased penalties in those breathalyzer cases in which readings exceed 160 mg/ 100 ml, or have other aggravating factors.

To stand trial for highway death

The 25-year-old Middleton woman charges in connection with the death of a Kings County man as the result of an auto accident in Welton’s Corner last November will stand trial in June.

The crash took place in the early evening of Nov. 9, when the vehicle of the accused, the victim and others left the road

She faces other charges stemming from an incident in Kingston Oct. 31.

The accused pleaded not guilty at her Jan. 28 court appearance.

Following a preliminary hearing, Judge Tufts scheduled her to trial June 17 and 18.

She faces charges of impaired driving causing death, impaired driving causing bodily harm, dangerous driving causing death, dangerous driving causing bodily harm, failing to stop while pursued by police, thereby causing death; failing to stop while pursued by police, thereby causing bodily harm; and refusing to provide a breath sample for blood/ alcohol analysis. As well, she faces the Motor Vehicle Act chares from the incident, including driving without the required liability insurance coverage and driving while her privilege of obtaining a license was suspended.

From the Oct. 31 incident, the accused faces charges of driving while her blood/ alcohol level exceeded the legal limit, impaired driving and the MVA charges of driving while her license was suspended and driving without the required liability insurance. Those charges will be dealt with separately from the ones in connection with the Nov. 9 incident.

Convicted automatically

Judge Tufts automatically convicted Wolfville resident Joshua Edward Kelades, 24, of illegal possession of liquor, contrary to the Nova Scotia liquor Control Act (LCA), and fined him $300.

Police laid the charge in Kentville Dec. 22 and scheduled Kelades to attend court on the charge Jan. 28. The accused did not attend as ordered.

Jailed for attempted theft, mischief, obstruction

The court sentenced a Kings County man to custody for attempted theft, mischief and obstructing police.

Russell Donald MacLeod, 25, pleaded guilty in Kentville provincial court Jan. 31 to attempted theft of property valued at more than $5,000 from a vehicle sales lot, committing mischief by causing damage costing less than $5,000 at the lot and obstructing a police officer in execution of duties by attempting to run away.

Judge Alan Tufts sentenced MacLeod to 90 days’ custody for each of the convictions, to be served concurrently with each other, but consecutive to the current federal sentence he is serving.

MacLeod committed the attempted theft and mischief in Kentville during the night of March 12/ 13, and the obstruction March 13. He was on parole at the time of the offenses.

Custody, probation for threat, breach

New Minas resident Matthew Paul O’Neil, 24, pleaded guilty Jan. 31 to uttering a death threat and to failing to comply with a probation order.

Judge Tufts sentenced O’Neil to 30 days’ custody for each of the offenses, to be served concurrently, followed by six months’ reporting probation. Probation conditions include he have no direct contact with the threat victim.

O’Neil committed the threat and breach in North Kentville Jan. 30.

Probation for assault

Judge Tufts found New Minas resident Ross Sandy Forrest, 34, guilty Jan. 30 of assault.

He suspended sentencing on Forrest and imposed a term of nine months’ reporting probation on him.Probation conditions include Forrest taking any recommended assessment, counselling or treatment, and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.

Forrest committed the assault June 18.

Defrauded bank

Judge Tufts suspended sentencing Jan. 30 on Kentville resident Ronald Eugene Ross, 31, for defrauding a bank of less than $5,000 and imposed a term of eight months’ reporting probation on him.

Tufts also ordered Ross to pay $700 in restitution.

Ross committed the fraud in Kentville between July 12 and 20, 2005. He pleaded guilty to the charge Nov. 5, 2007.

Property damage results in probation

North Kentville resident Aaron Rogers, 35, pleaded guilty Jan. 30 to causing damage costing less than $5,000 to property.

Judge Tufts suspended sentencing on Rogers for the conviction and imposed a term of nine months’ reporting probation on him.

He also ordered the accused to pay $119,70 in restitution.

Probation conditions include Rogers taking any recommended assessment, counselling or treatment; refraining from contacting the victim and paying the restitution.

Rogers committed the damage May 22, when he damaged a toilet, doors and smoke detector at a North Kentville home.

Impaired care and control

Kingsport resident Louise Theresa Schaffner (also known as Dean), 47, pleaded guilty Jan. 30 to having care and control of a vehicle while impaired by drugs or alcohol.

Judge Tufts fined Schaffner $700 plus a $105 victim surcharge, or 13 days’ custody on willful default. The judge also prohibited Schaffner from driving in Canada for a year, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

Schaffner committed the offense in Scott’s Bay Dec. 10.

Breached probation

Wolfville resident Peter James DeYoung, 19, pleaded guilty Jan. 30 to failing to comply with a probation order.

Judge MacDonald fined DeYoung $100 plus a $15 victim surcharge.

DeYoung committed the breach in Wolfville Dec. 1.

Conditional discharges

Judge Tufts granted Kentville resident Jessica Dawn Hudgins, 30, a conditional discharge Jan. 30 on a charge of defrauding a bank of less than $5,000.

The discharge is pending six months’ reporting probation and payment of $263.03 in restitution.

Hudgins committed the fraud in Kentville between July 12 and 20, 2005, and pleaded guilty to the charge Nov. 5, 2007.

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North Kentville resident Liam Nathan Hattie, 25, pleaded guilty Jan. 30 to failing to comply with a court undertaking.

Judge Tufts granted Hattie a conditional discharge pending four months of reporting probation and a $100 charitable donation to the Red Door.

A probationary condition is Hattie have no association with anyone with a criminal, youth or drug record.

The charge resulted from an incident in Kentville July 22.