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Kings and West Hants Court Report, Jan. 11

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

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

House arrest for sexual assault

Charles Derrick Wilson, 58, of North Kentville, will serve a term of imprisonment in the community for committing a sexual assault.

Wilson changed his plea to guilty to the charge in October and the matter was adjourned to Jan. 8 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Alan Tufts handed Wilson a six-month conditional sentence order with house arrest for the first three months, followed by daily curfew from 10 p.m. to 6 a.m. for the remaining three months. Wilson was also sentenced to 12 months of probation.

The court granted a DNA order, imposed a 10-year firearm prohibition and imposed a 20-year Sex Offender Information Registration Act (SOIRA) order against Wilson. The court also imposed an order against Wilson under Section 161.1 (c) of the Criminal Code preventing him from having any contact with anyone under the age of 16, with exceptions, or when supervised by another adult over the age of 18.

Wilson committed the offence in Kentville between Jan. 1, 2001, and Dec. 31, 2006. The identity of the victim is protected by a publication ban. A charge of sexual exploitation was dismissed on Jan. 8.

Probation, fines for breathalyser offences

Tony Earl Lunn, 57, of Three Mile Plains, has been sentenced to probation and fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit and having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit; and has been handed a suspended sentence with probation for failing to attend court as required.

Lunn changed his plea to guilty on the impaired operation charge and pleaded guilty to the other two charges on Jan. 9. Judge Ronda Van Der Hoek sentenced Lunn to one year of probation and fined him $1,000 on the impaired operation charge. The court imposed a one-year driving prohibition against Lunn.

He was sentenced to one year of probation, to be served concurrently, and was fined $1,300 on the impaired care or control charge. The court imposed a one-year driving prohibition against Lunn, concurrent to the other driving prohibition.

Lunn was handed a suspended sentence with one year of probation, to be served concurrently, for failing to attend court.

Lunn committed the offences in Windsor on Nov. 24, 2016, in Three Mile Plains on Aug. 9, 2017, and in Windsor on Nov. 27, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Lunn gave breathalyser readings of 160 and 160 and 250 and 240 respectively.

Exceeded legal limit

Constantin Joseph Hamel, 40, of Greenwood, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.

Hamel pleaded not guilty to this charge and to a charge of operating a motor vehicle while his ability to operate was impaired by alcohol in April 2017. The matters were adjourned to Dec. 6, 2017, for trial.

Evidence was heard and exhibits were entered at the trial on Dec. 6. The matters were adjourned to Jan. 10 for a decision.

Judge Ronda Van Der Hoek found Hamel guilty of operating a motor vehicle while his blood alcohol level exceeded the legal limit. Hamel was fined a total of $1,950 and the court imposed a one-year driving prohibition against him. The court granted a judicial stay on the other charge.

Hamel committed the offence in Greenwood on Jan. 29, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Hamel’s blood alcohol readings were not available.

Conditional discharge for assault

Mark Patrick Weatherbee, 34, of Dartmouth, has been handed a conditional discharge with probation for committing an assault by punching an individual.

Weatherbee was found guilty of the charge following a trial on Jan. 8. Weatherbee was handed a conditional discharge with six months of probation, including conditions to keep the peace and to be of good behaviour and to have no contact with the assault victim.

Weatherbee committed the offence in Hantsport on Aug. 14, 2017.

Conditional discharge for possession

Carla Maxine Wamboldt, 56, of Hantsport, has been handed a conditional discharge with probation for unlawfully possessing marijuana.

Wamboldt pleaded not guilty to this charge, and to a charge of having care or control of a motor vehicle while her ability to operate was impaired by a drug, in April 2017. Wamboldt stood trial on Dec. 11, 2017, and on Jan. 8, 2018. The provincial Crown did not proceed on the impaired operation of a vehicle charge and Wamboldt was acquitted. She was found guilty of possession and the matter was adjourned to Jan. 10 for sentencing.

Judge Alan Tufts handed Wamboldt a conditional discharge with three months of probation, including a $100 charitable donation to the Red Door. Wamboldt was fined $100 in victim surcharges.

Wamboldt committed the offence in Bishopville on Dec. 23, 2016.

Conditional discharge for undertaking offences

Daniel William Morley, 37, of Paradise, has been handed a conditional discharge with probation for two counts of failing to comply with his undertaking.

Morley pleaded guilty to the charges in November and the matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. Judge Alan Tufts handed Morley a conditional discharge with nine months of probation on the two charges and fined him a total of $200 in victim surcharges.

Morley committed the offences in Bridgetown on Sept. 1, 2017, and in Greenwood on Sept. 28, 2017.

Fined for stealing from store

Ronald William Kenneth Richards, 42, of Greenwood, has been fined for stealing property from Giant Tiger valued at less than $5,000.

Richards changed his plea to guilty on Jan. 8. Judge Alan Tufts fined him a total of $97.50.

Richards committed the offence in Greenwood on March 28, 2017.

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