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Kings and West Hants Court Report, Aug. 2, 2019

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

Sentenced to jail time

William Gerald Hutton, 56, of Dartmouth, has been sentenced to jail time for stealing household faucets from Kent Building Supplies; failing to comply with probation and failing to attend court in accordance with an appearance notice.

Hutton pleaded guilty to the charges on June 4 and the matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. Hutton consented to being remanded in custody until his sentencing hearing.

Hutton was present in provincial court in custody on Aug. 1. On the charges of stealing faucets and failing to comply with probation, Judge Ronda Van Der Hoek sentenced him to five months in custody. Hutton was given credit at time-and-a-half for 14 days spent remanded in custody, or 21 days, leaving 132 days left to serve.

Hutton was sentenced to 20 days in custody, to be served consecutively, for failing to attend court, for a total of 152 days in custody going forward.

A charge of stealing property of a value not exceeding $5,000 from Canadian Tire in Sussex, New Brunswick, will be transferred to the provincial court in Saint John. Hutton is scheduled to appear there on this charge on Aug. 20.

Time deemed served for mischief

Dylan Justin Leopold, 25, of Windsor, has been sentenced to time deemed served for committing mischief by willfully damaging an individual’s house windows, front door and drinking glasses to a value not exceeding $5,000.

Leopold pleaded guilty to the charge on July 19 and the matter was adjourned to July 26 for sentencing. He was remanded in custody on a due-course-of-law remand.

On July 26, the Crown was seeking more time in custody while the defence was seeking time deemed served. Leopold had spent 22 days remanded in custody. He was given credit for time-and-a-half, or 33 days. Judge Ronda Van Der Hoek sentenced Leopold to one day in custody deemed served.

Leopold committed the offence in Three Mile Plains on July 5.

Conditional sentence for assault, probation offences

Pieter Lewis Johnstone, 31, of Kentville, has been handed a conditional sentence order for committing an assault and two counts of failing to comply with probation.

Johnstone pleaded guilty to the charges on July 18 and the matters were adjourned to Aug. 1 for sentencing. Judge Ronda Van Der Hoek handed Johnstone a 20-day conditional sentence order on each of the three charges, to be served consecutively, for a total of 60 days. He will be on daily curfew from 10 p.m. to 6 a.m. for the entire time.

Johnstone committed the offences in North Kentville between May 30 and Aug. 30, 2017, and in Kentville between Dec. 1 and 31, 2018.

Another count of failing to comply with probation and a charge of failing to comply with his recognizance were dismissed on Aug. 1 with the Crown offering no evidence.

Transmitted intimate image without consent

Kyle Aaron Eye, 34, of Canning, has been handed a suspended sentence with probation for knowingly transmitting an intimate image of a person, knowing that the person depicted in the image did not give their consent to that conduct.

Eye changed his plea to guilty on July 31. Judge Ronda Van Der Hoek handed Eye a suspended sentence with 12 months of reporting probation.

Eye committed the offence in Kings County on Jan. 27, 2018.

Conditional discharge for mischief

Amarilis Jeannie Rene Hatt, 24, of Kentville, has been handed a conditional discharge with probation for committing mischief.

Hatt was originally charged with arson – intentionally or recklessly causing damage by fire to her apartment – but the Crown accepted a guilty plea to the lesser, included offence of mischief on June 4. The matter was adjourned to July 31 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Ronda Van Der Hoek handed Hatt a conditional discharge with 12 months of reporting probation.

Hatt committed the offence in Kentville on Aug. 18, 2018.

Stole property, failed to attend court

Krista Gagnon, 43, of Aylesford, has been handed a conditional discharge with probation for stealing property of a value not exceeding $5,000 and for failing to attend court as directed by a judge.

Gagnon was present in provincial court in custody on an executed warrant on Aug. 1. She pleaded guilty to the two charges. Judge Ronda Van Der Hoek handed Gagnon a conditional discharge with six months of reporting probation on the two charges. As part of her probation, Gagnon was ordered to pay $61 in restitution to the victim in relation to the charge of stealing property.

Gagnon committed the offences in Aylesford on Nov. 14, 2017, and in Kentville on July 25, 2019. A charge of failing to attend court in accordance with a promise to appear was withdrawn by the Crown on Aug. 1.

Recognizance, probation offences

Daniel William Morley, 38, of Paradise, has been sentenced to time deemed served for two counts of failing to comply with his recognizance and two counts of failing to comply with probation.

Morley was present in provincial court in custody on July 18, when he pleaded guilty to the four charges. The matters were adjourned to July 31 for sentencing. Morley consented to being remanded in custody until his sentencing hearing.

Judge Ronda Van Der Hoek sentenced Morley to one day in custody deemed served on each of the four charges.

Morley committed the offences in Kentville on June 3; in North Kentville on June 19 and in Paradise on July 9.

Morley pleaded not guilty to one count of assault on May 21 and pleaded not guilty to a second count of assault on July 31. These matters have been adjourned to Oct. 2 for trial. Morley was released from custody on his own $500 non-cash recognizance on July 31.

Suspended sentence for causing disturbance

Jason Edward Young, 42, of Kentville, has been handed a suspended sentence with probation for causing a disturbance at or near a public place by screaming, shouting, swearing or using obscene or insulting language.

Young pleaded guilty to the charge on July 30. Judge Ronda Van Der Hoek handed Young a suspended sentence with six months of reporting probation, including 30 hours of community service work.

Young committed the offence in Kentville on March 28.

Breathalyser offence

Mitchell Andre Ansems, 20, of Steam Mill, 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.

Ansems pleaded guilty to the charge on July 30. Judge Ronda Van Der Hoek fined Ansems $2,000 and imposed a one-year driving prohibition against him.

Ansems committed the offence in Kentville on June 15. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Ansems gave breathalyser readings of 170 and 170.

A charge of operating a conveyance while his ability to do so was impaired to any degree by alcohol or a drug or both was withdrawn on July 30.

Breathalyser offence

Kevin Murray Crawford, 48, of Kingston, 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.

Crawford pleaded guilty to the charge on July 30. Judge Ronda Van Der Hoek fined Crawford $1,000 and imposed a one-year driving prohibition against him.

Crawford committed the offence in Greenwood on April 7. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Crawford gave breathalyser readings of 120 and 110.

A charge of operating a conveyance while his ability to do so was impaired to any degree by alcohol or a drug or both was withdrawn on July 30.

Breathalyser offence

Alicia Jean Dexter, 27, of Berwick, 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.

Dexter pleaded guilty to the charge on July 30. Judge Ronda Van Der Hoek fined Dexter $1,500 and imposed a one-year driving prohibition against her.

Dexter committed the offence in Kingston on May 15. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Dexter gave breathalyser readings of 140 and 130.

A charge of operating a conveyance while her ability to do so was impaired to any degree by alcohol or a drug or both was withdrawn on July 30.

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