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Kings and West Hants Court Report, May 10

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

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

Jail time for various offences

Wade Russell Moriarity, 33, of Greenwood, has been sentenced to time deemed served, additional jail time and probation for a variety of offences.

Moriarity changed his pleas to guilty on eight charges on May 7. These include stealing a Smart switch home kit of a value not exceeding $5,000 from Kent Building Supplies; three counts of failing to comply with his recognizance, two counts of failing to comply with probation, unlawfully possessing cocaine and resisting arrest by running from a police constable.

Judge Christopher Manning sentenced Moriarity to a total of 135 days in custody on the eight charges. Considering time spent remanded in custody, Moriarity was given credit at time and half. This equaled 135 days, so the time was deemed served.

He was ordered to pay $59.66 in restitution to Kent Building Supplies, New Minas, and the court granted a Controlled Drugs and Substances Act forfeiture order for the cocaine.

Moriarity committed the offences in New Minas on Feb. 7 and in Greenwood on Feb. 8. Several other charges, including two more counts of failing to comply with his recognizance and three more counts of failing to comply with probation, were dismissed on May 7.

On April 24, Moriarity changed his pleas to guilty to two counts of failing to comply with his recognizance – by failing to remain at his residence at all times and by possessing a weapon, brass knuckles – and possessing a prohibited weapon, brass knuckles. The matters were adjourned to May 7 for sentencing.

Manning sentenced Moriarity to 30 days in custody on each of the recognizance charges, to be served concurrently, and 60 days in custody for possessing a prohibited weapon, to be served consecutively, for a total of 90 days in custody on the three charges. The court granted a forfeiture order for the brass knuckles and ammunition found in Moriarity’s possession.

Moriarity committed the offences in Greenwood on Jan. 31. Charges of failing to comply with his recognizance by possessing ammunition and possessing ammunition while prohibited were dismissed on May 7.

Moriarity was also sentenced to 12 months of probation on each of the 11 charges, to be served concurrently.

Caused disturbance, committed mischief

Jason Wayne Riley-Zwicker, 38, of New Minas, will serve a period of imprisonment in the community for causing a disturbance in a public place by fighting; committing mischief by willfully damaging the Kentville lock-up cells to a value not exceeding $5,000 and committing mischief by willfully damaging the property of Kings Transit – bus #59 – to a value not exceeding $5,000.

Riley-Zwicker pleaded guilty to the charges on March 25. The matters were adjourned to allow time for a pre-sentence report to be updated and for sentencing.

Judge Christopher Manning handed Riley-Zwicker a three-month conditional sentence order, including 30 hours of community service work, for willfully damaging the Kentville lock-up cells.

Riley-Zwicker was handed a three-month conditional sentence order, to be served consecutively, for willfully damaging a Kings Transit bus.

He was handed a one-month conditional sentence order, to be served concurrently, for causing a disturbance.

The conditional sentence includes house arrest for the first two months, to be followed by daily curfew from 10 p.m. to 6 a.m. for two months.

The entire six-month sentence is consecutive to a conditional sentence order handed down in Bridgewater in November that Riley-Zwicker is currently serving.

Riley-Zwicker committed the offences in Kentville on Feb. 27. Charges of committing mischief by willfully damaging a Kentville Police Service vehicle to a value not exceeding $5,000 and assaulting a member of the Kentville Police Service engaged in the execution of his duty by throwing a bottle of water were withdrawn on March 25.

Conditional sentence for theft

Douglas Robert Osborne, 46, of Kentville, has been handed a conditional sentence order for stealing property of a value not exceeding $5,000 from the Nova Scotia Liquor Corporation.

Osborne changed his plea to guilty on March 12 and the matter was adjourned to May 9 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Ronda Van Der Hoek handed Osborne a 60-day conditional sentence order with house arrest for the first 30 days, to be followed by daily curfew from 10 p.m. to 6 a.m. for the remaining time.

Osborne committed the offence in Kentville on Feb. 28, 2018.

Conditional discharge for assault

Dwayne Anthony Kane, 49, of North Kentville, has been handed a conditional discharge with probation for committing an assault.

Kane changed his plea to guilty on May 6. Judge Christopher Manning handed Kane a conditional discharge with 12 months of probation.

Kane committed the offence in North Kentville on Nov. 18, 2018. Several other charges were dismissed on May 6, including two more counts of assault; possessing a weapon – a large kitchen knife – for a purpose dangerous to the public peace, threatening to use a weapon – a large kitchen knife – in committing an assault, uttering a death threat, unlawful confinement, uttering a threat to cause bodily harm and uttering a threat to burn and throw away an individual’s personal possessions.

Conditional discharge for fraud

Ashley Lynn Saltzman, 33, of Kentville, has been handed a conditional discharge with probation for defrauding Reid’s Meats of a sum of money.

Saltzman pleaded guilty to the charge on May 7. Judge Ronda Van Der Hoek handed Saltzman a conditional discharge with one year of probation, including $513.52 in restitution to Reid’s Meats.

Saltzman committed the offence in Gaspereau on June 19, 2017. A charge of possessing stolen property – cheques belonging to Baby Consignment – of a value not exceeding $5,000 was withdrawn on May 7.

Refused breathalyser

April Nadine King, 41, of Meadowvale, has been fined for failing to comply with a demand made to her by a police officer to provide samples of her breath for analysis to determine the concentration, if any, of alcohol in her blood.

King Pleaded guilty to the charge on Feb. 12. The court imposed a one-year driving prohibition against King and the matter was adjourned to May 8 to allow time for a pre-sentence report to be prepared and for sentencing. Judge Ronda Van Der Hoek fined King a total of $1,000.

King committed the offence in Kingston on Aug. 7, 2018. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood.

A charge of operating a motor vehicle while her ability to do so was impaired by alcohol or a drug was withdrawn on May 8.

Mischief, probation offences

Caleb Malique Joshua Neary, 23, of Auburn, has been fined and handed a suspended sentence with probation for committing mischief by willfully damaging an individual’s property to a value not exceeding $5,000 and for failing to comply with probation.

Neary changed his pleas to guilty to the charges on May 7. Judge Christopher Manning fined Neary $100 and sentenced him to six months of probation for committing mischief and handed him a suspended sentence with six months of probation, to be served concurrently, for failing to comply with probation.

Neary committed the offences in Greenwood on July 18, 2018. A charge of assault was dismissed on May 7.

Fined for causing disturbance

Alexander Scott Graham, a.k.a. Scott Alexander Graham, has been fined for causing a disturbance by fighting.

Graham was originally charged with assault but pleaded guilty to causing a disturbance by fighting on May 6. Judge Christopher Manning fined Graham a total of $250.

Graham committed the offence in New Minas on Oct. 7, 2018.

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