Court Report

Jailed for breathalyzer

The court has jailed a Berwick man for a breathalyzer offense and fined him for two possession convictions.

Gerrid Dale Ell, 42, pleaded guilty in Kentville provincial court Tuesday, Dec. 16 to having care and control of a vehicle while his blood-alcohol readings exceeded the legal limit; possession of a narcotic, cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA); and to possession of untaxed tobacco products, contrary to the Excise Act.

For the blood-alcohol offense, Judge Alan Tufts sentenced Ell to 90 days in custody, to be served intermittently, and accompanied by a term of probation for as long as the sentence is served.

The judge also prohibited Ell from driving in Canada for three years, a ban the Nova Scotia Registry of Motor Vehicles will at least match.

Ell committed the offense in Welsford Aug. 30 when police found he had blood-alcohol readings of 140 and 140 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/100 ml.

Judge Tufts fined Ell $100 plus a $15 victim surcharge, or one day in custody on willful default, for the CDSA conviction, and $500 plus a $75 victim surcharge, or eight days in custody on willful default for the Excise Act offense.

Ell committed the CDSA and Excise Act possessions at the same time as the breathalyzer offense.

Blew thrice the legal limit

Kentville resident Steven Paul Ashby, 30, pleaded guilty Monday, Dec. 15 to having care and control of a vehicle while his blood-alcohol readings exceeded the 80mg/100ml legal limit.

Judge Tufts fined Ashby $1,500 plus a $225 victim surcharge, or 26 days in custody on willful default, and prohibited him from driving in Canada for a year, a ban the Registry of Motor Vehicles will at least match.

Ashby committed the offense in Kentville Nov. 9 when police found he had blood-alcohol readings of 240 and 240 mg/100 ml.

The Criminal Code provides for heavier penalties for those breathalyzer convictions involving readings in excess of 160 mg/100 ml, or other aggravating circumstances.

Refused to provide breath sample

Aylesford resident Sylvain Joseph Dore, 40, pleaded guilty Dec. 15 to refusing to provide a breath sample for blood-alcohol analysis.

Judge Tufts fined Dore $1,300 plus a $195 victim surcharge, or 23 days in custody on willful default. He also prohibited the accused from driving in Canada for a year, a ban the Motor Vehicles Registry will at least match.

Dore committed the refusal in Kingston Oct. 12.

Probation for confinement, assault

Judge Frank Hoskins suspended sentencing Wednesday, Dec. 17 on Jeffery Dale Carter, 19, for convictions of unlawful confinement and assault, and imposed a term of 12 months’ reporting probation on him.

Probationary conditions include Carter taking any recommended assessment, counselling or treatment, refraining from contacting the victim, and possessing weapons.

Carter committed the confinement and assault in Kentville Aug. 9.

Theft, breach, non-attendance

Canning resident Cody Robert Hatt, 19, pleaded guilty Dec. 16 to theft from a department store, failure to comply with a probation order, and failing to attend court as ordered.

Judge Tufts fined Hatt $100 plus a $15 victim surcharge, or one day in custody on willful default for each conviction.

Hatt committed the theft and breach in New Minas June 6 and the failure to attend in Kentville July 14.

Probation for breach

Judge Claudine MacDonald suspended sentencing Dec. 17 on Nictaux, Annapolis County resident Kenneth Roger Chatterton, 24, on a conviction of failing to comply with an undertaking and imposed a term of seven months’ reporting probation on him.

Probationary conditions include Chatterton taking any recommended assessment, counselling or treatment, and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.

Chatterton committed the breach in Kentville May 23 and pleaded guilty to the charge Nov. 10.

Company fined

A representative for Romad Developments Limited, Wolfville, pleaded guilty on the company’s behalf Dec. 17 to being a residential tenancies owner and failing to provide waste-resource storage, contrary to the Valley Region Waste-Resource Management Bylaw. Judge Hoskins fined the company $500.

The company committed the offense in Wolfville between March 19 and April 23, 2008.

Granted conditional discharge

Judge Tufts granted Lakeville resident Brian Arthur Taylor, 19, a conditional discharge Dec. 16 for failing to comply with a probation breach. The discharge is pending 10 months of reporting probations, conditions of which include Taylor taking any recommended assessment, counselling or treatment; refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs; and making a $300 charitable donation to the Red Door.

The charge stemmed from an incident in New Minas July 26. Taylor pleaded guilty to the charge Oct. 6.

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Judge Hoskins granted Hants Border resident Gary Michael Oickle, 50, a conditional discharge on an assault conviction. The discharge is pending 12 months’ reporting probation, conditions of which include Oickle taking any recommended assessment, counselling or treatment, and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.

The charge stemmed from an incident in Hants Border Aug. 23. Oickle pleaded guilty to the charge Oct.20.

Sped

Judge MacDonald found New Minas resident Gavin Alan Roberts, 32, guilty Dec. 17 of driving between one and 15 kilometres per hour in excess of the posted speed limit, contrary to the Nova Scotia Motor Vehicles Act (MVA), and fined him $100 plus a $15 victim surcharge and $107 in costs.

Roberts committed the offense in New Minas April 26.

In other court matters

Judge Hoskins fined Wolfville resident Jesse Ross Ingalls, 22, $100 for illegal possession of liquor, contrary to the Nova Scotia Liquor Control Act (LCA). Ingalls committed the offense in Wolfville Nov. 15. He pleaded guilty to the charge Dec. 15 and requested a remission of penalty, which was granted in the Dec. 17 fine. The total fine could have been as high as $452.

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Berwick resident Matthew A. Armstrong, 22, pleaded guilty Dec. 17 to driving without a valid inspection sticker, contrary to the MVA.

Judge Hoskins fined Armstrong $50 plus a $7.50 victim surcharge.

Armstrong committed the offense in Kentville June 27.