Windsor court report, Sept. 29 and 30

Fines, probation for breathalyzer offenses

The court has imposed large fines and a term of probation on a Martock man for two counts of driving with blood-alcohol readings three times the legal limit, and within two days of each other.

Ernest Edward Sweet, 47, pleaded guilty in Windsor provincial court Tuesday, Sept. 30 to two counts of driving while his blood-alcohol readings exceeded the legal limit.

Judge Alan Tufts fined Sweet $1,000, or 15 days in custody on willful default, for the first and $1,500, or 23 days, for the second.

The judge also prohibited Sweet from driving in Canada for a year for each of the offenses, to be served consecutively. The Nova Scotia Registry of Motor Vehicles will at least match the bans.

Judge Tufts also imposed a term of 18 months of reporting probation on Sweet. Probation conditions include Sweet taking any recommended assessment, counselling or treatment; refraining from possessing or consuming alcoholic beverages or non-medically prescribed drugs; and refraining from driving.

Sweet committed the first offense in Garland’s Crossing Sept. 12 when police found he had blood-alcohol readings of 250 and 250 milligrams of alcohol per 100 millilitres of blood.

He committed the second on Highway 14 in Mill Section Sept. 14 when police found he had readings of 290 and 270 mg/100 ml.

The legal limit is 80 mg/100 ml, and the Criminal Code of Canada permits heavier penalties in those breathalyzer cases in which readings exceed 160 mg/100 ml, and other aggravating circumstances.

Fined for high readings

St. Croix resident Richard Blair Ross, 56, pleaded guilty Sept. 30 to driving while his blood-alcohol readings exceeded the 80 mg/100 ml limit.

Judge Tufts fined Ross $1,300 plus a $195 victim surcharge, or 23 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.

Ross committed the offense in St. Croix July 5 when police found he had blood-alcohol readings of 170 and 170 mg/100 ml.

Probation for breach

Judge Tufts suspended sentencing on Windsor resident Wade Jeffery Caldwell, 18, on two convictions of breaching a court undertaking to observe a curfew and imposed a term of 18 months’ reporting probation on him.

Probation conditions include that Caldwell take any recommended assessment, counselling or treatment; refrain from possession or consumption of alcoholic beverages; live with his parents; attend work or school; and observe a curfew.

Caldwell committed the breaches in Windsor June 18 and Aug. 9.

Probation for assault

Judge Tufts suspended sentencing on Ardoise resident Allen Joseph MacAskill, 47, Monday, Sept. 29 on a charge of assault and imposed a term of eight months’ reporting probation on him.

A probation condition is that MacAskill take any recommended assessment, counselling or treatment. MacAskill committed the assault at Cameron Lake June 22 and pleaded guilty to the charge July 22.

Stole gasoline

Windsor resident Jason Anthony Joyce, 27, pleaded guilty Sept 30 to theft of gasoline from a Windsor gas station.

Judge Tufts fined Joyce $250 plus a $37.50 surcharge, or four days in custody on willful default, and imposed a term of 30 days of probation on him.

The judge also ordered the accused to pay $55 in restitution as a probation condition.

Joyce committed the theft Aug. 9.

Stole from LC

Truro resident Donald Whitman MacPherson, 39, pleaded guilty Sept. 30 to theft of property valued at less than $5,000 from the Windsor Liquor Commission.

Judge Tufts fined MacPherson $200, or three days in custody on willful default.

MacPherson committed the theft July 25.

Granted conditional discharge

Judge Tufts granted a conditional discharge Sept. 29 to Mount Uniacke resident Joshua Robert Purcell, 25, for possession of less than 30 grams of cannabis marijuana, a Schedule II drug under the Controlled Drugs and Substances Act (CDSA).

The discharge is pending 30 days of reporting probation and a $250 charitable donation to the PEI Big Brothers/Big Sisters.

The charge stemmed from an incident in Borden-Carlton, Prince Edward Island, July 27, 2001. Purcell pleaded guilty to the charge Sept. 29.