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Court Report

Article online since June 12nd 2008, 14:31
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Court Report
House arrest for drug offenses

The court sentenced an Aylesford man to house arrest for four Controlled Drugs and Substances Act (CDSA) offenses.

In Kentville provincial court June 3, Judge Alan Tufts imposed a conditional sentence order (CSO) of two years less a day on Jeffrey Lee Hiscoe, 25, for the offenses.

The first 12 months of the CSO are to be served under house arrest, with the usual exceptions for work, education, emergencies or appointments. The remainder of the CSO will be in the form of a curfew. Judge Tufts deemed Hiscoe not a threat to the community.

Hiscoe had pleaded guilty April 7 to unlawfully producing cannabis marijuana, a Schedule II drug under the Act; unlawfully producing cannabis resin, possession of more than three kilograms of cannabis marijuana for the purpose of trafficking and possession of more than 30 grams of cannabis resin for the purpose of trafficking.

The judge also forfeited all the materials involved in the offenses, imposed a 12-year firearms prohibition on Hiscoe and ordered him to provide a DNA sample to be kept on file by Corrections officials.

Hiscoe committed the offenses in Aylesford Nov. 30.

Jailed for breathalyzer, other offenses

The court jailed a New Minas man for a breathalyzer offense, driving while disqualified and two probation breaches.

June 3, Judge Tufts sentenced Craig Darcy Spencer, 28, to three months in custody, each, for driving while his blood/ alcohol level exceeded the legal limit, driving while disqualified and failing to comply with a probation order. Those sentences are to be served concurrently.

The judge also sentenced Spencer to one month in custody, to be served consecutively, for a second probation breach. The sentences will be followed by one-year probation.

Spencer committed the breathalyzer offense, the disqualified driving and the first probation breach in New Ross June 4, 2007, when police found he had blood/alcohol readings of 200 and 190 milligrams of alcohol per 100 millilitres of blood, and failed to refrain from consuming alcoholic beverages or non-medically prescribed drugs.

The legal limit is 80 mg/100 ml and the Criminal Code provides for increased penalties in those breathalyzer matters in which readings exceed 160 mg/100 ml or other aggravating circumstances.

For the breathalyzer offense, the court had imposed a three-year, Canada-wide driving prohibition on Spencer January 28. The Nova Scotia Registry of Motor Vehicles will ban him from driving in the province for at least three years.

Spencer pleaded guilty to those offenses Dec. 18.

He committed the second probation breach in Kentville Nov. 17 and pleaded guilty to the charge Jan. 14.

Had care and control

Judge Claudine MacDonald found Auburn resident Dustin Charles Carter, 26, guilty June 4 of having care and control of a motor vehicles while his blood/ alcohol level exceeded the 80 mg/100 ml limit.

Judge MacDonald fined Carter $800 plus a $120 victim surcharge, or 14 days’ custody on willful default, and prohibited him from driving in Canada for a year.

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

The judge also authorized Carter to drive using an ignition interlock breathalyzer device after six months.

Carter committed the offense in Auburn Dec. 18 when police found he had blood/alcohol readings of 130 and 120 mg/100 ml.

Damaged vehicle

North Kentville resident Lucus Anthony Morine, 19, pleaded guilty June 3 to damaging property, a vehicle.

Judge Tufts suspended sentencing on Morine for the offense and imposed a term of one-year reporting probation on him.

Probation conditions include Morine taking any recommended assessment, counselling or treatment; paying $1,000 in restitution for the damage; and refraining from having contact with the victim or being at the victim’s residence.

Morine committed the offense in north Kentville Oct. 18, 2007.

Unlawfully in a dwelling

Greenwood resident Raymond Bo Keizer, 26, pleaded guilty June 4 to unlawfully being in a dwelling place.

Judge MacDonald suspended sentencing on Keizer for the conviction and imposed a term of 12 months’ reporting probation on him.

A further probation condition is Keizer has no contact with the dwelling occupant, and he takes any recommended assessment, counselling or treatment.

Keizer committed the offense in Greenwood Dec. 15.

Granted conditional discharges

Judge Tufts granted a conditional discharge June 4 to Cody Robert Hatt, 18, on a charge of mischief.

The discharge is pending 18 months’ reporting probation. Probation conditions include Hatt paying $1,152 in restitution and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.

The charge stem from an incident in which the tires of a truck were damaged in Canning Jan. 25.

Hatt pleaded guilty to the charge April 21.

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Judge Tufts granted a conditional discharge June 4 to Coldbrook resident Rodney Trevor MacFarlane, 40, for a charge of assault. The discharge is pending six months’ reporting probation, a condition of which is that MacFarlane take any recommended assessment, counselling or treatment.

The charge resulted from an incident in Kentville March 3. MacFarlane pleaded guilty to the charge April 7.

Probation for breaches

Berwick resident Isaac William Hatt, 24, pleaded guilty June 2 to two counts of failing to comply with probation orders.

Judge Tufts suspended sentencing on Hatt for the convictions and imposed a term of six months’ reporting probation on him. Probationary conditions include Hatt pay $494.50 in restitution.

Hatt committed the first breach in Kentville between April 28 and Aug. 23, 2005, when he failed to report to Corrections officials as ordered. He committed the second breach between April 21, 2005 and Jan. 21, 2006, when he failed to pay restitution.

Fines for mischief, breach

Halifax resident Anthony Michael Stokes, 34, pleaded guilty June 2 to committing mischief by providing police with a false name and to failing to comply with a probation order.

Judge Tufts fined Stokes $150 plus a $22.50 victim surcharge, or two days in custody on willful default, for each of the offenses.

Stokes committed the breach and mischief in Kentville May 31.

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