Hants County Court Report: Jan. 14 edition

Published on January 13, 2016
Here's the latest news coming from the Hants County Courthouse.

WINDSOR - The following is the latest news coming from the Hants County Courthouse.

Cheverie man facing sex charges yet to enter plea

Russell Spencer, 63, of Cheverie, will find out soon if his release conditions will change.

Spencer was not present in court on Jan. 5 but defence lawyer Chrystal MacAulay appeared on his behalf.

MacAulay is asking to amend Spencer’s release conditions, but said they require another week before formally requesting the variance.

The application of release conditions along with Spencer’s election and plea was moved to Jan. 12.

Spencer is charged with sexual touching involving a boy under the age of 16 and unlawful confinement.

The court imposed a publication ban to protect the identity of the alleged victim.

It’s alleged that Spencer committed the offences in Cheverie between Jan. 1, 1985, and Dec. 31, 1989.

The charges against Spencer have not been proven in court.



Newport Corner man headed to trial for firearms offences

Twenty-six-year-old Lester Ronald Hartt, of Newport Corner, will be returning to Windsor provincial court April 29 for trial and a charter application.

Defence lawyer Chrystal MacAulay elected for provincial court and entered in not guilty pleas on Hartt’s behalf on Jan. 5.

She told the court that she anticipated there would be a Section 8 charter argument.

Section 8 deals with unreasonable search and seizure. It’s not known what aspect of the case this charter argument will be dealing with.

The trial and charter argument will be held on the same day.

Hartt is charged with two counts of unsafe storage of a firearm; two counts of possessing a gun for a purpose dangerous to the public peace, two counts of possessing prohibited ammunition, over capacity magazines, four counts of possessing a rifle without a licence, possession of a stolen prohibited gun and possessing a gun with the serial number defaced.

It’s alleged that Hartt committed the offences in Newport Corner on Sept. 23, 2015.

MacAulay informed the court that Hartt is also pleading not guilty to a liquor act charge.

The trial for that matter was set for March 21 and Hartt will represent himself.



Jail time for impaired driving

Timothy Richard McFadden, 27, of Ellershouse, will serve jail time for operating a motor vehicle while his blood alcohol level exceeded the legal limit, driving while disqualified and failing to comply with probation.

McFadden pleaded guilty to the charges in October. The court imposed a three-year driving prohibition against McFadden and he was served notice that the Crown was seeking an increased penalty. McFadden made an application for curative treatment. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

McFadden was present in Windsor provincial court Jan. 5. Evidence was heard at a sentencing hearing. Judge Claudine MacDonald sentenced McFadden to a total of 120 days in custody on the three charges, to be followed by one year of probation.

McFadden committed the offences in Windsor July 30, 2015. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. McFadden gave breathalyzer readings of 160 and 170.



Probation for stealing generator

Two men were sentenced last month after they pleaded guilty to possession of a stolen generator.

Jonathan Owen Steele, 30, of West Brooklyn, and Dorian Christopher Spencer, 20, of Hants Border were both sentenced to nine months probation and a victim’s service fine of $32.50. The duo was charged after a July 7, 2015 incident in Hantsport.



Wallet theft results in probation

Rodney DeWayne Upshaw, 45, of Garlands Crossing, was sentenced to six months probation, $100 in restitution and fined $32.50 after he entered a guilty plea to stealing a wallet. The theft occurred Aug. 6, 2015 in Windsor.



Peace bond granted

Shelley Elaine Webb, 49, of Halifax, agreed to a 12-month peace bond last month in provincial court. The bond was requested after an incident in Falmouth on July 7, 2015.



Fined for various offences

Carissa Lynn Sutherland, 26, was fined $520 in provincial court last month after entering guilty pleas to four charges arising from incidents Oct. 24, Nov. 10 and Dec. 11 in Windsor. The Mill Section resident had been charged with assault, breach of probation, resisting arrest and failure to comply.