Court Report

Jailed for assaults

The court has sent an Annapolis County man to jail for two assaults he committed in Kingston last February.

In Kentville provincial court June 18, Judge Claudine MacDonald sentenced New Albany resident Kaz Henry Cox, 29, to 18 months in custody, to be followed by two years’ probation, for assault causing bodily harm, and to three months in custody, followed by two years’ probation, for assault. The sentences are to be served concurrently.

Probation conditions include Cox refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs, having no association with those with criminal, youth or drug records; having no contact with the victims and his taking any recommended assessment, counselling or treatment.

Judge MacDonald also banned Cox from possessing firearms for 11 years and eight months, and ordered him to provide officials with a DNA sample.

Cox committed the assaults in Kingston Feb. 17. The court found him guilty of the charges May 5.

Assault, breach net custody

Kingston resident Bryant Chelsey Gibson, 52, pleaded guilty June 18 to assault and to failing to comply with a probation order.

Judge Alan Tufts sentenced Gibson to one month in custody for each of the offenses, to be served concurrently. He gave the accused four months’ credit for remand time.

Gibson committed the assault and breach during an incident in Kingston Oct. 19-20, 2007.

House arrest for drug possession, breach

Judge MacDonald imposed a three-month conditional service order (CSO) each on Berwick resident Christopher Samuel Hodges, 25, June 18 for possession of cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA); and for failing to comply with a probation order.

The CSO includes 30 days’ house arrest, with the remainder in the form of a curfew. The CSOs are to be served concurrently.

Hodges committed the offenses in South Berwick June 2, 2007 and pleaded guilty to the charges May 7.

Assault, property damage

St. Margaret’s Village, Cape Breton resident Delilah Delores Dixon, 25, pleaded guilty to assault and property damage June 17.

Judge Alan Tufts fined Dixon $150 plus a $17.50 victim surcharge, or two days’ custody, for each of the offenses, and imposed a term of one-year reporting probation on her. A probation condition is Dixon take any recommended assessment, counselling or treatment.

Dixon committee the assault and property damage at a Coldbrook business March 9, 2007.

Fine, probation for breathalyzer

Judge MacDonald fined South Farmington, Annapolis County, resident Nicholas James Andrew Uhlman, 24, June 18 $1,000 plus a $150 victim surcharge, or 17 days in custody, for driving while his blood/alcohol readings exceeded the legal limit.

The judge also imposed a term of one-year probation, the conditions of which include he take any recommended assessment, counselling or treatment; and he refrain from possessing or consuming any alcoholic beverages or non-medically prescribed drugs.

Uhlman committed the offense in Kentville March 29 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, and the Criminal Code of Canada allows for increased penalties in those breathalyzer cases in which reading exceed 160 mg/100 ml, or for other aggravating factors.

Uhlman pleaded guilty to the charge April 28, at which time the court imposed a two-year, Canada-wide driving prohibition on him. The Nova Scotia Registry of Motor Vehicles will at least match that ban for Uhlman driving in the province.



Convicted automatically

Judge Tufts convicted automatically Melanson resident Edward Burton Coldwell, 49, June 16 of taking more than the quota of brook trout, contrary to the Fishing Regulations.

The judge fined Coldwell $600 plus a $90 victim surcharge and $100 in costs. Officials laid the charge in White Rock May 8.

Coldwell was not present for the June 16 court hearing.

Care and control of off-highway vehicle

The court fined an Aylesford off-highway vehicle driver for a blood/alcohol offense.

Keil Jason Martin, 23, pleaded guilty June 18 to having care and control of an off-highway vehicle while his blood/alcohol level exceed the legal limit, driving an off-highway vehicle on the highway, contrary to the Nova Scotia Off-Highway Vehicles Act, and failing to comply with a probation order.

Judge Alan Tufts fined Martin $900 plus a $35 victim surcharge, or 15 days in custody on willful default, for the care and control offense. He also prohibited him from driving in Canada for a year, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

The judge, however, provided for an ignition interlocking device to be placed on Martin’s vehicle after the first three months of the prohibition.

For the off-highway offense, Judge Tufts fined Martin $50 plus a $7.50 victim surcharge.

For the probation breach, the judge fined Martin $250 plus a $37.50 victim surcharge, or four days in custody on willful default.

Martin committed the breathalyzer and off-highway offenses in Kingston May 29 when police found he had blood/alcohol readings of 247 and 294 milligrams of alcohol in 100 millilitres of blood. The legal limit is 80 mg/ 100 ml.

Martin committed the breach in Kentville Feb. 5, 2005 when he failed to make a charitable donation as ordered.

Refusal nets fine

Kentville resident Shelley Lee Viner, 37, pleaded guilty June 19 to refusing to provide a breath sample for blood/alcohol analysis.

Judge Tufts fined Viner $650 plus a $97.50 victim surcharge, or 11 days in custody on willful default.

The judge also prohibited Viner from driving in Canada for a year. The Registry of Motor Vehicles will ban Viner from driving in the province for at least a year.

Viner committed the refusal in Kentville April 27.

Committed Criminal Code, MVA offenses

Aylesford resident Christopher Alfred Mosher, 28, pleaded guilty June 19 to two counts of failing to attend court as ordered, failing to comply with a probation order, and Nova Scotia Motor Vehicles Act (MVA) charges of driving while his privilege of obtaining a license was revoked, failing to give the particulars of an accident to police, driving an unregistered vehicle, and driving a vehicle without a valid inspection sticker.

Judge Tufts fined Mosher $100, or one day in custody on willful default, each for the breach and the two failures to attend. He fined Mosher $500 each for driving while revoked and failing to give particulars, and $50 each for having no registration or inspection sticker.

Mosher committed the breach in Aylesford Aug. 9, 2007; the first failure to attend court Kentville Sept. 24, 2007; the second, Kentville March 5, 2008. He committed the MVA offenses in Windermere July 30, 2007.

Fines for variety of offenses

In court June 18, Judge Claudine MacDonald fined Kentville resident Christopher Terry Vidito, 28, $850 plus a $127.50 victim surcharge, or 15 days in custody on willful default, for driving while his blood/alcohol readings exceeded the 80 mg/100 ml limit.

The judge also prohibited Vidito from driving in Canada for a year. The Registry of Motor Vehicles will impose a band of at least a year on the accused.

The judge also fined Vidito $500 plus a $75 victim surcharge for driving while his license was suspended, contrary to the Nova Scotia Motor Vehicles Act; $300 plus a $45 victim surcharge, or five days in custody, for failing to stop to identify himself after being in an accident; and $100 plus a $15 victim surcharge, or one day in custody, for failing to attend court as ordered.

Vidito committed the breathalyzer offense in Kentville Nov. 15, 2006 when police found he had blood/alcohol readings of 110 and 110 mg/100 ml.

Vidito left the scene of the accident in Aylesford Oct. 20, 2006; drove in Kentville while his license was suspended Jan. 31, 2007; and failed to attend court in Kentville June 13, 2007.

Vidito pleaded guilty to the charges May 14.

Granted conditional discharge

Judge Tufts granted New Minas resident Danny Dalton Kennie, 19, a conditional discharge June 19 on a charge of possession of a prohibited weapon.

The discharge is pending nine months of non-reporting probation during which Kennie must make a $200 charitable donation to the Red Door.

The charge stemmed from an incident in Kentville March 8. Kennie pleaded guilty to the charge June 19.

In other court matters

Judge MacDonald fined Wolfville resident Alexander Ian Cole, 34, $100 June 18 for not wearing an available seatbelt, contrary to the MVA.

Cole committed the offense at Exit 12, Highway 101 April 30. He pleaded guilty June 2 and requested a remission of penalty, the total of which could have been more than $160.