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Kings and West Hants Court Report, Jan. 19

The Kentville law courts. - File
The Kentville law courts. - File

This is the latest court report for Kings and West Hants counties.

Custody for assaults, mischief, resisting arrest

Pieter Lewis Johnstone, 29, of no fixed address, has been sentenced to jail time for two counts of assault, committing mischief by willfully damaging property to a value not exceeding $5,000 and resisting a police officer engaged in the execution of his duty arresting Johnstone by using physical force.

Johnstone pleaded guilty to the charges on Nov. 7, 2017. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. On Jan. 17, Judge Alan Tufts sentenced Johnstone to four months in custody on each of the four charges, to be served concurrently. Johnstone was also sentenced to 18 months of probation on each charge, to be served concurrently.

Johnstone committed the offences in in Waterville on Aug. 22 and Sept. 8, 2017. Two counts of failing to comply with probation and charges of unlawful confinement and uttering a death threat were withdrawn on Jan. 17.

The court ordered that Johnstone’s warrant of committal contain the recommendation to continue mental health treatment and counselling.

Custody for committing mischief

Chesley Charles Rose, 31, of Windsor, has been sentenced to jail time for committing mischief by willfully damaging the property of Tommy Gun’s Speakeasy Lounge, a video camera valued at less than $5,000.

Rose was present in court, in custody on other matters, on Jan. 15. He pleaded guilty to the charge and Judge Alan Tufts sentenced him to seven days in custody. The court also granted a standalone restitution order for $155.25, payable to Tommy Gun’s Speakeasy Lounge.

Rose committed the offence in Windsor on March 31, 2017.

Custody for assault

Zachary Kevin Michael Woodworth, 24, of Watford, Lunenburg County, has been sentenced to jail time for committing an assault.

Woodworth pleaded guilty to the charge on Jan. 16. Judge Ronda Van Der Hoek sentenced Woodworth to 30 days in custody, consecutive to a federal sentence currently being served.

Woodworth committed the offence in Dempsey Corner between July 1 and Aug. 31, 2016.

Time deemed served

Brennan Donald Simpson, 27, of Middleton, has been sentenced to time in custody deemed served for three counts of committing mischief and resisting a police officer engaged in the execution of his duty.

Simpson was present in court via video on Jan. 15. He pleaded guilty to all four charges and was sentenced to one day in custody deemed served on each, concurrently.

Simpson committed the offences in North Kentville on Aug. 6, 2017, in Kentville on Aug. 29, 2017, and in Berwick on Oct. 10, 2017.

The three mischief charges involved willfully interfering with the staff of the Valley Regional Hospital, willfully damaging a woman’s property to a value exceeding $5,000 and willfully damaging the property of Annapolis Valley Health Services to a value not exceeding $5,000.

Fined for refusal

Jon Scott Bird, 38, of New Minas, has been fined for refusing to comply with a demand made to him by a police officer to provide samples of his breath for analysis to determine the concentration, if any, of alcohol in his blood.

Bird pleaded guilty to the charge on Jan. 16. Judge Ronda Van Der Hoek fined Bird a total of $1,950 and imposed a one-year driving prohibition against him.

Bird committed the offence in Coldbrook on Nov. 14, 2017. A charge of having care or control of a motor vehicle while his ability to operate was impaired by alcohol was withdrawn on Jan. 16.

Refused or failed to comply with breath demand

Robert James Deadder, 75, of Kentville, has been fined for refusing or failing to comply with a demand made to him by a police officer to provide a sample of his breath to enable a proper analysis to be made by means of an approved screening device.

Deadder pleaded guilty to the charge on Jan. 16. Judge Ronda Van Der Hoek fined Deadder a total of $1,300 and imposed a one-year driving prohibition against him.

Deadder committed the offence in Kentville on Dec. 3, 2017. A charge of having care or control of a motor vehicle while his ability to operate was impaired by alcohol or a drug was withdrawn on Jan. 16.

Breathalyser offence

Andrew Troy Burbidge, 43, of Canning, has been fined and sentenced to probation for operating a motor vehicle while his blood alcohol level exceeded the legal limit.

Burbidge pleaded guilty to the charge on Jan. 16. Judge Ronda Van Der Hoek fined Burbidge a total of $1,560, sentenced him to 12 months of probation and imposed a one-year driving prohibition against him.

Burbidge committed the offence in Kentville on Dec. 1, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Burbidge gave breathalyser readings of 290 and 290.

A charge of operating a motor vehicle while his ability to operate was impaired by alcohol or a drug was withdrawn on Jan. 16.

Breathalyser offence

Shawn Richard Vaughan, 35, of New Minas, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.

Vaughan pleaded guilty to the charge on Jan. 16. Judge Ronda Van Der Hoek fined Vaughan a total of $1,300 and imposed a one-year driving prohibition against him.

Vaughan committed the offence in Sheffield Mills on Oct. 29, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Vaughan gave breathalyser readings of 120 and 120.

Assaulted, resisted police, attempted to disarm officer

Kiersten Lynn Toney-Foss, 19, of no fixed address, has been handed a conditional discharge with probation for assaulting two RCMP constables engaged in the execution of their duty, attempting to take a weapon from an RCMP constable engaged in the execution of her duty and willfully resisting two RCMP constables engaged in the execution of their duty.

Toney-Foss pleaded guilty to the charges on Nov. 8, 2016. The matters were adjourned to allow time for a pre-sentence report and a Gladue report (which can be requested by Canadian courts when considering sentences for offenders with an aboriginal background) to be prepared and for sentencing.

On Jan. 17, Judge Alan Tufts handed Toney-Foss a conditional discharge with nine months of probation on each charge, to be served concurrently.

Toney-Foss committed the offences in Cambridge on May 2, 2016. Another count of assaulting an RCMP constable engaged in the execution of his duty, a charge of using a weapon – spit – in committing an assault on an RCMP constable engaged in the execution of her duty and a charge of assault were withdrawn on Jan.

Conditional discharge for assault

Macgregor Davidson, 19, of Forest Hill, has been handed a conditional discharge with probation for committing an assault.

Davidson was originally charged with assault causing bodily harm. He pleaded not guilty to the charge in May 2017 and the matter was adjourned for trial. On Jan. 17, 2018, Davidson pleaded guilty to the lesser, included offence of assault. Judge Ronda Van Der Hoek handed Davidson a conditional discharge with 18 months of probation.

Davidson committed the offence in New Minas on Jan. 16, 2017.

Conditional discharge for assault

Bruce Millett, 55, of Canning, has been handed a conditional discharge with probation for committing an assault.

Millett changed his plea to guilty on Jan. 17. Judge Alan Tufts handed Millett a conditional discharge with six months of probation and fined him $100 in victim surcharges.

Millett committed the offence in Canning between Aug. 1, 2016, and May 6, 2017. Two more counts of assault were dismissed on Jan. 17.

Probation, recognizance offences

Sonia Dawn Bruce, 29, of Waterville, has been handed a suspended sentence with probation for failing to comply with probation and failing to comply with a recognizance.

Bruce changed her pleas to guilty on Jan. 17. Judge Alan Tufts handed Bruce a suspended sentence with six months of probation.

Bruce committed the offences in Waterville on Sept. 16, 2017. A charge of failing to comply with an undertaking was dismissed on Jan. 17 with the Crown offering no evidence.

 

 

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