Kings and West Hants Court Report - Dec. 8

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

Custody for assault, uttering death threat

Jason Roy Morgan, 43, of Halifax, has been sentenced to jail time for committing an assault and uttering a death threat.

Morgan pleaded guilty to the charges on Dec. 7. He had been denied bail on Sept. 26 and was in custody on a due-course-of-law remand. Judge Alan Tufts sentenced Morgan to 110 days in custody on each charge, to be served concurrently, and six months of reporting probation.

The court granted a DNA order and imposed a 10-year firearm prohibition against Morgan. He was ordered to have no contact with two individuals.

Morgan committed the offences in Waterville between Sept. 14 and 19. Charges of choking a woman with intent to enable him to commit assault, two more counts of assault, another count of uttering a death threat, a charge of using a weapon in committing an assault and charges of uttering threats to burn property and to cause bodily harm were withdrawn on Dec. 7.

Intermittent custody for stealing property

Devon Wayne Douglas Fleet, 21, of New Minas, has been sentenced to intermittent custody and probation for two counts of stealing property valued at less than $5,000 from Canadian Tire; two counts of stealing cash from the New Minas Fire Department and stealing an Apple iPad.

Fleet changed his pleas to guilty in July to the charges of stealing property from Canadian Tire and changed his pleas to guilty on the other three charges on Dec. 6.

Fleet was sentenced to 45 days of intermittent custody, to be served on Fridays at 9 p.m. until Sundays at 5:30 a.m. beginning Dec. 8. Fleet will be on probation while serving the intermittent sentence, with conditions to keep the peace and to be of good behaviour and not to consume alcohol within 12 hours of reporting to the correctional centre. Fleet will serve 18 months probation once the intermittent sentence is completed.

Fleet was ordered to pay $966.97 in restitution through the court to Canadian Tire and $200 in restitution through the court to E.B. Games with regard to the stolen iPad.

Fleet committed the offences in New Minas on Nov. 10 and 14, 2016, and on Feb. 15 and 19, 2017. Two counts of breaking out of the New Minas Volunteer Fire Department after committing the indictable offence of theft therein were dismissed.

Time deemed served, conditional sentence

Mark Anthony Higdon, 37, of Kentville, has been sentenced to time deemed served, handed a conditional sentence order and sentenced to probation for possessing hydromorphone for the purpose of trafficking; possessing not in excess of 30 grams of cannabis marijuana, two counts of unlawfully storing a non-restricted firearm, failing to comply with probation and possessing a tobacco product, cigarettes, not stamped in accordance with the Excise Act 2001.

Higdon pleaded guilty to the charges on Dec. 6. He had been in custody on a due-course-of-law remand since being denied bail on Jan. 19.

Higdon was sentenced to one day in custody deemed served on each of the two drug charges. He was handed an eight-month conditional sentence order and was sentenced to one year of probation on the two counts of unlawfully storing a non-restricted firearm and the probation charge. Higdon was fined a total of $1,188 for possessing illegal tobacco.

The court imposed a 10-year firearm prohibition against Higdon, granted a forfeiture order for items seized in relation to the Controlled Drugs and Substances Act charges and granted a DNA order.

Higdon committed the offences in Kentville on Jan. 12. Two counts of possessing a weapon knowing that he didn’t hold the necessary licence, another count of failing to comply with probation and a charge of possessing tobacco on which tax had not been paid were dismissed.

Conditional sentence with house arrest

Nathan Neil Rehberg, 28, of Poplar Grove, has been handed a conditional sentence order with house arrest for stealing $2,646 from a woman and defrauding the Royal Bank of Canada of a sum of money not exceeding $5,000.

Rehberg pleaded guilty to the charges on Sept. 22. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. On Dec. 5, Judge Ronda Van Der Hoek handed Rehberg a six-month conditional sentence order including house arrest for the first three months, followed by daily curfew from 10 p.m. to 6 a.m. Rehberg was ordered to pay $2,000 in restitution to the theft victim as part of his conditional sentence. Rehberg has been sentenced to six months of probation following the conditional sentence, including another $646 in restitution to the theft victim and $3,000 in restitution to the Royal Bank.

Possessed cannabis for purpose of trafficking

Stephen Mitchell Patterson, 22, of New Glasgow, has been handed a conditional sentence with house arrest for possessing cannabis for the purpose of trafficking.

Patterson changed his plea to guilty on Dec. 7. Judge Alan Tufts handed Patterson a two-month conditional sentence with house arrest for the entire time and 10 months of reporting probation.

The court imposed a 10-year firearm prohibition against Patterson and he consented to forfeiting offence-related property.

Patterson committed the offence in New Minas on Jan. 23.

Misled police

Michael Joseph Power, 33, of Aylesford, has been handed a suspended sentence with probation for committing public mischief by - with intent to mislead - causing a constable with the Kentville Police Service to enter an investigation by reporting that an offence had been committed when it had not.

Power changed his plea to guilty on Dec. 6. Judge Alan Tufts handed Power a suspended sentence with one year of reporting probation, including 30 hours of community service work.

Power committed the offence in Kentville on June 26, 2016.

Evaded police

Brian Edward O’Neil, 53, of North Kentville, has been fined for failing to stop his vehicle as soon as was reasonable in the circumstances in order to evade police.

O’Neil changed his plea to guilty on Dec. 7. Judge Alan Tufts fined him a total of $780 and imposed a one-year driving prohibition against him.

O’Neil committed the offence in New Minas on Jan. 12. Charges of dangerous driving and possessing in excess of 30 grams of cannabis marijuana were dismissed with the Crown offering no evidence.

Breathalyser offence

Guy Goguen, 64, of Cocagne, New Brunswick, has been fined for having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit.

Goguen pleaded guilty to the charge on Dec. 5. Judge Alan Tufts fined Goguen a total of $1,560 and imposed a one-year driving prohibition against him.

Goguen committed the offence in Grand Pre on July 28. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Goguen gave breathalyser readings of 170 and 170.

Refused breathalyser

Lesa Charmaine Sampson, 51, of Falmouth, has been fined for failing to comply with a demand made to her by a police officer to provide a sample of her breath for analysis to determine the concentration, if any, of alcohol in her blood.

Sampson pleaded guilty to the charge on Dec. 4. Judge Ronda Van Der Hoek fined Sampson a total of $1,300 and imposed a one-year driving prohibition against her.

Sampson committed the offence in Three Mile Plains on Sept. 23. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood.

Possessed ammunition while prohibited

Joel Mathew Gibson, 36, of Windermere, has been fined for possessing ammunition while he was prohibited from doing so.

Gibson pleaded guilty on Dec. 5. Judge Alan Tufts fined Gibson a total of $195.

Gibson committed the offence in Kingston on Sept. 25. A charge of failing to comply with probation was withdrawn.

Drove while disqualified, failed to attend court

Rene Lynne Wheadon, 37, of Walton, has been fined for operating a motor vehicle while disqualified and for failing to attend court in accordance with an appearance notice.

Wheadon pleaded guilty to the charges on Dec. 4. Judge Ronda Van Der Hoek fined Wheadon a total of $650 for driving while disqualified and fined her a total of $130 for failing to attend court as directed.

Wheadon committed the offences in Scotch Village on Sept. 3, 2016, and in Windsor on Nov. 29, 2016.

Conditional discharge for assault

Martha Stoney, 21, of Canning, has been handed a conditional discharge for committing an assault.

Stoney pleaded guilty to the charge in January and the matter was adjourned to allow time for a pre-sentence report to be prepared and for sentencing. Judge Alan Tufts handed Stoney a conditional discharge with six months of probation.

Stoney committed the offence in Kingsport on Oct. 8, 2016.

Conditional discharge for assault

Rebecca Dawn Marie Whittle, 27, of North Kentville, has been handed a conditional discharge with probation for committing an assault.

Whittle pleaded guilty in July and the matter was adjourned to allow time for a pre-sentence report to be prepared, a discharge application and sentencing.

On Dec. 7, Judge Alan Tufts handed Whittle a conditional discharge with six months of probation.

Whittle committed the offence in Kentville on April 30.