Court Report

CSO suspended, man jailed

A Coldbrook man is off to jail for breaching his conditional sentence order (CSO).

In Kentville provincial court Nov. 5, Judge Claudine MacDonald found Cody Robert Olmstead, 22, had breached his Sept. 10 CSO and she ordered him to serve the rest of his sentence – 309 days – in custody.

Olmstead breached the CSO in Wilmot and Torbrook Sept. 29 and Oct. 5 respectively, when he failed to keep the peace and be of good behaviour and failed to meet conditions concerning alcoholic beverages.

The 12-month CSO was for an assault causing bodily harm in May 2006. As well, there were concurrent one-month CSOs for a number of offenses including breaches and mischief in 2007.

Jailed for high readings

Judge MacDonald sentenced Aylesford resident Victor Shaun McBride, 40, to three months in custody Nov. 5 for having care and control of an off-highway vehicle while his blood/alcohol readings exceeded the legal limit – by three times. The jail term will be followed by one year of probation.

McBride committed the offense in Millville June 29 when police found he had blood/alcohol readings of 280 and 280 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/100 ml. The court can impose heavier penalties in those breathalyzer cases in which readings exceed 160 mg/100 or there are other aggravating factors such as an accident or prior related convictions.

McBride had also struck a cyclist with his ATV during the June 29 incident. The court noted McBride provided assistance to the cyclist and paid her ambulance and bike repair costs and was remorseful.

Noting the positive aspects of McBride’s pre-sentence report, the judge could not, however, overlook the accused’s previous related record.

Judge MacDonald also fined McBride $25 plus a $3.75 victim surcharge and $100 in costs for driving without insurance, contrary to the Off-Highway Vehicle Act.

McBride pleaded guilty to the charges Sept. 15.