Court Report
Seven convictions result in CSO
The court imposed a conditional sentence order (CSO), including house arrest, on a North Kentville man for drug, weapons and other convictions.
Joseph Albert States, 37, pleaded guilty in Kentville provincial court May 7 to two counts of possession of cocaine, a Schedule I drug under the Controlled Drugs and Substances Act (CDSA); possession of a prohibited firearm without a license or registration, improper storage of a firearm, mischief, failing to comply with a probation order and failing to comply with recognizance conditions.
Judge Alan Tufts imposed a two-years-less-a-day conditional sentence order (CSO) on States for each of the seven convictions, to be served concurrently. The first 12 months of the sentence will be house arrest, with the usual exceptions for employment, education, appointments or emergencies.
Judge Tufts forfeited the weapon involved and imposed a lifetime firearms ban on States.
States committed the first cocaine possession and the weapons-related offenses in North Kentville Aug. 24, 2006; the second drug offense and the probation breach in Centreville June 27, 2007; the mischief in Kentville June 28, 2007; and the recognizance breach in Port Williams April 27, 2008.
One day, remand time, probation
Judge Tufts sentenced Wade Russell Moriarity, 22, May 7 to one day in custody, deemed served by his court appearance and to credited remand time, and 18 months’ probation for two counts of assault with a weapon, failing to comply with a probation order and failing to comply with a recognizance.
Probation conditions include Moriarity taking any recommended assessment, counselling or treatment; a ban on his having contact or communication with the victims, a prohibition of his associating with those with criminal, youth or drug records; and his refraining from possession or consuming alcoholic beverages or non-medically prescribed drugs. Moriarity had been in remand since March 16.
Judge Tufts also imposed a five-year firearms ban on Moriarity and ordered him to provide a DNA sample to be kept on file by Corrections officials.
Moriarity committed the first probation breach in Kentville between June 5, 2006 and June 5, 2007, when he failed to pay $700 in restitution as ordered; the assaults and second probation breach at Lake George Feb. 23, 2008; and the recognizance breach in Aylesford March 15. He pleaded guilty to the charges April 23.
Probation for theft, breach, possession
Judge Claudine MacDonald suspended sentencing on Kentville resident Jonathan Lloyd French, 25, for theft, failing to comply with a probation order and possession of cannabis marijuana, a Schedule II drug under the CDSA, and imposed a term of one-year reporting probation on him.
Probation conditions include French taking any recommended assessment, counselling or treatment, and refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs.
French committed the offenses in Kentville between April 13 and 15, 2007, and pleaded guilty to the charges Jan. 22.
Cut timber on Crown land
A representative of M. Keddy Farm and Forest Limited, New Ross, pleaded guilty on the company’s behalf May 7 to unlawfully cutting timber on Crown lands, contrary to the Crown Lands Act.
Judge Tufts fined M. Keddy Farm and Forest Limited $500 plus a $75 victim surcharge and ordered the company to pay $9,034 in restitution to the Natural Resources Department.
The company committed the offense at County Line Lake, Kings County, June 14, 2006.
Fine, prohibition
Kingsport resident James Leonard Lyon, 58, pleaded guilty May 5 to having care and control of a vehicle while his blood/ alcohol level exceeded the legal limit.
Judge Alan Tufts fined Lyon $950 plus a $142.50 victim surcharge, or 16 days in custody on willful default.
The judge also prohibited Lyon from driving in Canada for two years. The Nova Scotia Registry of Motor Vehicles will ban Lyon from driving for at least two years.
Lyon committed the offense in New Minas March 30 when police found he had blood/ alcohol readings of 200 and 180 milligrams of alcohol per 100 millilitres of blood. The legal limit is 80 mg/ 100 ml.
The Criminal Code of Canada gives the court the option of heavier penalties in those breathalyzer cases in which readings exceed 160 mg/100 ml.
More than twice the limit
Canning resident Wayne Lovett Jordan, 67, pleaded guilty May 5 to driving while his blood/alcohol level exceeded the 80 mg/100 ml limit.
Judge Tufts fined Jordan $850 or 13 days in custody on willful default, and prohibited him from driving in Canada for a year, a term the Registry of Motor Vehicles will at least match.
Jordan committed the offense in Canning Nov. 22, 2007 when police found he had blood/ alcohol readings of 180 and 180 mg/ 100 ml.
Probation for assault
Judge Tufts suspended sentencing May 6 on Aylesford resident Dewayne Anthony Kennedy, 32, for an assault conviction and imposed a term of 12 months’ reporting probation on him.
Probationary conditions include Kennedy take any recommended assessment, counselling or treatment and that he refrain from possessing or consuming alcoholic beverages or non-medically prescribed drugs.
Kennedy committed the assault in Aylesford Feb. 8 and pleaded guilty to the charge March 25.
Attempted theft
Wilmot resident John Lorne Alexander Baker, 39, pleaded guilty May 6 to attempted theft.
Judge Tufts fined Baker $350 plus a $52.50 victim surcharge, or six days in custody on willful default.
Baker committed the attempted theft in Berwick Aug. 18, 2007.
Fined for breach
Sunken Lake resident Douglas Robie Messom, 38, pleaded guilty May 5 to failing to comply with a court undertaking.
Judge Tufts fined Messom $200 plus a $30 victim surcharge, or three days in custody on willful default. Messom committed the breach in Wolfville April 19 and 20.
Company failed to notify
Larsen Packers Limited, Berwick, counsel Bob Grant pleaded guilty on the company’s behalf May 5 to failing to notify government authorities drinking water had not met microbiological criteria set by the Canadian Drinking Water order, contrary to the Water and Wastewater Facilities and Public Drinking Water Supplies Management.
Judge Tufts fined Larsen Packers $500 plus a $75 victim surcharge and $107 in costs.
The company committed the offense in Berwick between Jan. 28 and Nov. 21, 2007.
License privilege revoked
New Minas resident Richard Leroy Wolfe, 20, pleaded guilty April 24 to
driving while his privilege of obtaining a driver’s license was revoked, contrary to the Nova Scotia Motor Vehicle Act (MVA).
Judge MacDonald fined Wolfe $500 plus a $75 victim surcharge. Wolfe committed the offense in Kentville March 22, 2007.
Granted conditional discharge
Judge MacDonald granted a conditional discharge May 6 to Canard resident Nicholas James Ross, 21, on a charge of mischief.
The discharge is pending six months’ probation and payment of $94.77 in restitution.
The charge resulted from an incident in Kingston May 5, 2005.
In other court matters
Counsel for Kentville resident Jeffery Gillis Kennedy, 27, pleaded guilty on his behalf May 5 to driving 31 kilometres per hour or more in excess of the posted speed limit, contrary to the MVA.
Judge Tufts fined Kennedy $250 plus a $37.50 victim surcharge and $107 in costs and suspended his license from May 12-19.
Kennedy committed the offense on Highway 101 near Avonport Oct. 6, 2007.
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Judge MacDonald found Berwick resident Robert E. Best, 48, guilty May 5 of operating an off-highway vehicle without a permit, contrary to the Off-Highway Vehicle Act.
The judge fined Best $130 plus a $19.57 victim surcharge and $107 in costs.
Best committed the offense in Berwick Jan. 5.
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Judge MacDonald denied a remission of penalty request and fined Centreville resident George E. Wilbur, 18, $50 plus a $7.50 victim surcharge and $107 in costs for not using an available seatbelt, contrary to the MVA.
Wilbur committed the offense in Port Williams Feb. 20 and pleaded guilty to the charge April 21, when he requested the remission.
Convicted automatically
Judge Tufts convicted automatically Wolfville resident Ann Marie Kean, 46, May 5 on a charge of failing to stop at a stop sign, contrary to the MVA.
The judge fined Kean $50 plus a $7.50 victim surcharge and $107 in costs.
Police laid the charge in Wolfville March 13.
Federal time for break-ins, violent event
A Wolfville man received federal sentences for break-ins and a violent event.
In Kentville provincial court May 6, Judge Alan Tufts sentenced Arthur Henry Corbin, 28, to a total of 40 months in a federal penitentiary for four counts of breaking into Wolfville businesses and committing indictable offenses, assault, unlawful confinement, threatening to cause death to an individual, threatening to cause bodily harm to an individual, carrying a concealed weapon, a seven-inch dagger; and damaging property.
The sentencing breakdown includes 30 months consecutive for the first break-in, and 30 months each concurrent for the others; and 12 months’ custody, minus two months’ credit for remand time, for each of the other charges, concurrent to each other but consecutive to the other 30 months.
Judge Tufts also imposed a 25-year plus 40 months’ firearms prohibition on Corbin and ordered him to provide a DNA sample to Corrections officials.
Corbin committed the first break-in at a laundromat Feb. 15, the second at a café, the third at an insurance office April 5, and the last at a laundromat April 7.
Corbin committed the assault, confinement, threats, weapon offense and property damage at an Avonport residence April 8.
Corbin pleaded guilty to the charges April 16. The court scheduled sentencing to May 6 in order to receive a pre-sentence report.
