Top News

Kings and West Hants Court Report, July 26

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

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

Suspended sentence for various offences

William John Chute, 55, of North Kentville, has been handed a suspended sentence with probation for criminal harassment; failing to comply with his undertaking by failing to abstain from having any direct or indirect communication with an individual and failing to comply with probation by failing to keep the peace and to be of good behaviour.

Chute changed his pleas to guilty to the three charges on May 13. The matters were adjourned to July 23 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Christopher Manning handed Chute a suspended sentence with 18 months of reporting probation on the three charges. Chute has also been ordered to complete 20 hours of community service work. The court imposed a 10-year firearm prohibition in relation to the criminal harassment charge and granted a secondary DNA order.

Chute committed the offences in North Kentville between Oct. 22, 2018, and Jan. 3, 2019; and in Kentville between Nov. 19, 2018, and Jan. 3, 2019; and between Dec. 13, 2018, and Jan. 3, 2019. Two counts of committing mischief by willfully damaging an individual’s vehicle to a value not exceeding $5,000 and a charge of failing to comply with probation by failing to abstain from having any direct or indirect contact or communication with an individual were dismissed on July 23 with the Crown offering no evidence.

Stole gas, failed to attend court

Jonathan R. Boylan, 30, of Three Mile Plains, has been fined and sentenced to probation for stealing gasoline from the Brooklyn Petro Canada and has been fined for failing to attend court in accordance with a promise to appear in which he had been named.

Boylan changed his plea to guilty to the charge of stealing gasoline and pleaded guilty to the charge of failing to attend court on July 23. Boylan was fined $250 for stealing gas and was sentenced to three months of probation. As part of his probation, Boylan was ordered to pay $66.95 in restitution to the Brooklyn Petro Canada. Boylan was fined $100 for failing to attend court.

Another count of failing to attend court in accordance with a promise to appear and a charge of failing to attend the Windsor District RCMP Detachment in accordance with a promise to appear for the purposes of the Identification of Criminals Act were withdrawn by the Crown on July 23.

Time deemed served

Clifford Joseph Gervais, 58, of Windsor, has been sentenced to time deemed served for uttering a threat to cause bodily harm or death.

Gervais pleaded guilty to the charge on July 23. Judge Claudine MacDonald sentenced Gervais to one day in custody deemed served.

Gervais committed the offence in Halifax on Jan. 23.

Breathalyser offence

Kelly Donald O’Leary, 55, of Belmont, has been fined for having a blood alcohol concentration that was equal to or exceeded the legal limit within two hours after ceasing to operate a conveyance.

O’Leary pleaded guilty to the charge on July 23. Judge Claudine MacDonald fined O’Leary $1,000 and imposed a one-year driving prohibition against him.

O’Leary committed the offence in Sweets Corner on June 6. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. O’Leary gave breathalyser readings of 120 and 110.

A charge of operating a conveyance while impaired to any degree by alcohol or a drug or both was withdrawn on July 23.

Refused demand, undertaking offence

Cynthia Lynn Spencer, 61, of Newport, has been fined and sentenced to probation for failing to comply with a demand made to her by a police officer to provide a sample of her breath for analysis by means of an approved screening device; and has been fined for failing to comply with her undertaking by failing to abstain from the consumption of alcohol or other intoxicating substances.

Spencer pleaded guilty to the refusal charge on March 5. The court imposed a two-year driving prohibition against Spencer and the matter was adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

On July 23, Judge Claudine MacDonald fined Spencer $1,000 and sentenced her to one year of probation. Spencer pleaded guilty to the undertaking charge on July 23 and was fined $50.

Spencer committed the offences in Upper Burlington on Oct. 28, 2018, and on April 27, 2019. A charge of operating a motor vehicle while her ability to do so was impaired by alcohol was withdrawn on July 23. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood.

Drove while licence suspended

Robert John Daniel Whiston, 29, of Kingston, has been fined for driving a motor vehicle while his licence was suspended.

Whiston changed his plea to guilty on July 22. Judge Christopher Manning fined Whiston a total of $1,272.50. Whiston committed the offence in Kingston on Feb. 17.

Whiston also changed his pleas to guilty to charges of resisting a police constable engaged in the execution of his duty and failing to comply with his recognizance by failing to report by telephone to the Kingston RCMP as directed. These matters have been adjourned to Oct. 15 to allow time for a pre-sentence report to be prepared and for sentencing.

Recent Stories