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Kings and West Hants Court Report - Feb. 9

The Kentville law courts - File photo
The Kentville law courts - File photo

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

Breached conditional sentence

David Bradley Morrison, 39, of Kingston, has had his conditional sentence terminated and will spend the remaining time in custody.

Morrison was handed a six-month conditional sentence on Nov. 9, 2017, after changing his plea to guilty to a charge of possessing less than three kilograms of cannabis marijuana for the purpose of trafficking.

The conditional sentence included three months of house arrest followed by daily curfew from 10 p.m. to 6 a.m. for the remaining time. He was also sentenced to six months of probation, a 10-year firearm prohibition to commence on completion of the conditional sentence and the court granted a forfeiture order in relation to the Controlled Drugs and Substances Act charge. Morrison was also fined $200 in victim surcharges.

Morrison was present in Kentville provincial court in custody on Feb. 8 for a breach allegation hearing. The Crown was opposed to his release. Evidence was heard and there was an eventual admission of the breach. Judge Alan Tufts terminated Morrison’s conditional sentence and ordered him to spend the remaining 90 days in custody.

The breach occurred on Feb. 1 when Morrison was arrested on alleged drug trafficking offences. Specifically, Morrison breached conditions to keep the peace and to be of good behaviour and was not to possess, take or consume drugs except in accordance with a medical prescription.

Morrison and a co-accused, Lindsey Dawn Paquin, 32, of Kingston, are now facing charges of possessing cocaine for the purpose of trafficking, possessing methamphetamine for the purpose of trafficking and possessing cannabis marijuana for the purpose of trafficking. It’s alleged that Morrison and Paquin committed the offences in Kingston on Feb. 1, 2018. These charges have not been proven in court.

Morrison is scheduled to return to court for election and plea on March 27 while Paquin is scheduled to make an initial appearance on the charges on that date.

Threatened to burn house

Gary Keith Burgess, 39, of Leminster, has been handed a conditional discharge with probation for uttering a threat to burn a person’s house.

Burgess pleaded guilty to the charge in December and the matter was adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

On Feb. 6, Judge Ronda Van Der Hoek handed Burgess a conditional discharge with 12 months of probation.

Burgess committed the offence in Leminster on Sept. 10, 2017.

Failed or refused to comply with breath demand

Stacy Patrick McMullin, 41, of Keddy’s Corner, has been fined for failing or refusing 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.

McMullin changed his plea to guilty on Feb. 5. Judge Ronda Van Der Hoek fined McMullin a total of $1,300 and imposed a one-year driving prohibition against him.

McMullin committed the offence in New Minas on Oct. 27, 2016. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood.

Breathalyser offence

Ian. E. Marshall, 64, of Lantz, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.

Marshall pleaded guilty to the charge on Feb. 6. Judge Ronda Van Der Hoek fined Marshall a total of $1,560 and imposed a one-year driving prohibition against him.

Marshall committed the offence in Union Corner on Dec. 7, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Marshall gave breathalyser readings of 180 and 170.

Breathalyser offence

Evan Christopher Frank, 21, of Falmouth, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.

Frank pleaded guilty to the charge on Feb. 6. Judge Ronda Van Der Hoek fined Frank a total of $1,300 and imposed a one-year driving prohibition against him.

Frank committed the offence in Falmouth on Dec. 2, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Frank gave breathalyser readings of 130 and 130.

Conditional discharge for various offences

Sonia Katelin Dawn Best, 24, of Cambridge, has been handed a conditional discharge with probation for defrauding Michelin North America (Canada) Inc. of a sum of money exceeding $5,000; stealing a Michelin Corporate HSBC MasterCard, using a stolen credit card and two counts of failing to attend court.

Best pleaded guilty to the charges in May 2017 while enrolled in the Court Monitored Drug Treatment Program (CMDTP). Best successfully completed the CMDTP on Feb. 7. Judge Alan Tufts handed Best a conditional discharge with one year of probation on each of the five charges, to be served concurrently.

On the fraud charge, Best was sentenced to an additional 50 hours of community service work. The court granted a standalone restitution order for $10,064 payable to Michelin and Best was fined $200 in victim surcharges. Best was fined $100 in victim surcharges on each count of failing to attend court.

Best committed the offences in New Minas between Feb. 16 and April 6, 2016, and in Kentville on Sept. 13 and Dec. 14, 2016.

Conditional discharge for assault

Zachary Barry, 19, of Hantsport, has been handed a conditional discharge with probation after pleading guilty to the included offence of assault.

Barry was charged originally with sexual assault. He maintained his not guilty plea to that charge but pleaded guilty to the lesser, included offence of assault on Feb. 6. Judge Alan Tufts handed Barry a conditional discharge with 12 months of probation.

Barry committed the offence in Greenwich between May 1 and Oct. 1, 2016. Another count of sexual assault was dismissed with the Crown offering no evidence.

Possession for purpose of trafficking

Danielle Vanessa Smith, 35, of Coldbrook, has been fined and sentenced to probation for unlawfully possessing hydromorphone for the purpose of trafficking.

Smith pleaded guilty to the charge on Aug. 23, 2017, while enrolled in the Court Monitored Drug Treatment Program (CMDTP). Smith successfully completed the CMDTP on Feb. 7.

Judge Alan Tufts fined Smith a total of $97.50 and sentenced her to four months of reporting probation. The court imposed a 10-year firearm prohibition against Smith and granted a forfeiture order in relation to the Controlled Drugs and Substances Act charge with consent.

Smith committed the offence in Kentville on Dec. 20, 2016.

Mischief, probation, undertaking offences

Taylor Wayne Ross Hunt, 24, of Kentville, has been sentenced to probation and fined for committing mischief by willfully damaging a windshield, two counts of failing to comply with probation and failing to comply with his undertaking.

Hunt pleaded guilty to the mischief and probation charges in October. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. Hunt pleaded guilty to the undertaking charge on Feb. 6.

On Feb. 6, Judge Alan Tufts sentenced Hunt to 15 months of probation on each charge, to be served concurrently. Hunt was fined $260 on the mischief charge; was fined $65 on the first count of failing to comply with probation and was fined $130 on the second count of failing to comply with probation. Hunt was fined $130 for failing to comply with his undertaking.

Hunt committed the offences in Kingston on March 29, 2017, and in Kentville on July 21 and Aug. 30, 2017. Another count of committing mischief by willfully damaging a windshield was dismissed.

Failed to comply with probation

Derek Eisnor, 37, of Summerville, has been fined for failing to comply with probation by consuming alcohol.

Eisnor pleaded guilty to the charge on Feb. 6. Judge Ronda Van Der Hoek fined Eisnor a total of $65.

Eisnor committed the offence in Lower Burlington on Dec. 9, 2017.

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