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Kings and West Hants Court Report - June 22

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

The Supreme Court of Nova Scotia has handed down a decision in the case of two long-standing employees of Ricoh Canada terminated without notice and without cause.
The Supreme Court of Nova Scotia has handed down a decision in the case of two long-standing employees of Ricoh Canada terminated without notice and without cause.

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Intermittent custody for probation offence

Myles Walter Card, 24, of Windsor, has been sentenced to intermittent custody for failing to comply with probation by failing to leave a certain residence as directed.

Card was present in Windsor provincial court in custody on June 16, when he pleaded guilty to the charge.

Judge Ronda Van Der Hoek sentenced Card to 30 days of intermittent custody, beginning on Friday, June 23, at 9 p.m. until Monday, June 26, at 5:30 a.m. and continuing on weekends until the 30 days is served. Card was fined $100 in victim surcharges.

Card committed the offence in Windsor on June 15. A charge of failing to comply with probation by failing to keep the peace and to be of good behaviour was withdrawn.

Jail time for theft, recognizance offence

Trevor Allen Joseph Pelton, 33, of New Minas was sentenced to 45 days in jail and a $100 victims’ services charge in provincial court on June 15.

He was arrested on two June 14 charges, the theft of a ring and a breach of recognizance, which took place in New Minas. He entered guilty pleas on both offences.

House arrest for various offences

Adam David Sarty, 30, of no fixed address, has been handed a conditional sentence with house arrest for various property-related offences. Sarty will serve his house arrest in an apartment in Halifax.

Sarty pleaded guilty in March to charges of stealing games and toys valued at less than $5,000 from Walmart and two counts of failing to comply with probation. In April, he pleaded guilty to stealing groceries from the Atlantic Superstore and failing to comply with probation. The matters were adjourned to June 21 to allow time for a pre-sentence report to be prepared and for sentencing.

On June 21, Sarty pleaded guilty to another count of stealing groceries from the Atlantic Superstore and a charge of stealing property valued at less than $5,000 from the Atlantic Superstore.

Judge Ronda Van Der Hoek handed Sarty a six-month conditional sentence order on the seven charges, to be followed by 12 months of probation. Sarty will serve house arrest for the first three months of the conditional sentence, to be followed by daily curfew from 10 p.m. to 6 a.m. for the remaining three months. Sarty was fined a total of $700 in victim surcharges.

Sarty committed the offences in Kingston on Sept. 25 and Oct. 3, 2016, in New Minas on Oct. 21, 2016, and in Cookville on Oct. 28, 2016.

Sarty pleaded not guilty on June 21 to a charge of possessing an antique Gillette razor and antique pocket watches valued at less than $5,000. The matter was adjourned to Feb. 14, 2018, for trial. It’s alleged that Sarty committed the offence in New Minas between Aug. 10 and 16, 2016. This charge has not been proven in court.

Time deemed served for recognizance offences

Kyle James Hudson, 20, of Kentville, has been sentenced to time deemed served for three counts of failing to comply with his recognizance.

Hudson pleaded guilty to the charges on June 19. Judge Alan Tufts sentenced Hudson to one day in custody deemed served on each count and fined him a total of $200 in victim surcharges.

Hudson committed the offences in Kentville on May 26 and June 17. On May 26, Hudson failed comply with a condition of his recognizance to report by telephone to the Kentville Police Service every Friday between 9 a.m. and 4 p.m.

On June 17, he failed to comply with a condition to remain in his residence at all times when, according to court documents, a constable located him on Main Street. Also on June 17, he failed to comply with a condition not to possess or consume alcohol. According to court documents, the constable smelled alcohol while transporting Hudson to the Kentville Police lock-up.

Breathalyser offences

Kyle James Hudson, 20, of Kentville, has been fined for having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit.

Hudson changed his plea to guilty on June 20. Judge Alan Tufts fined Hudson a total of $1,300 and imposed a one-year driving prohibition against him.

Hudson committed the offence in Canning on Sept. 17, 2016. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Hudson gave breathalyser readings of 120 and 120.

Matthew Garagan, 22, of Dartmouth, has been fined for having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit.

Garagan pleaded guilty to the charge on June 20. Judge Alan Tufts fined him a total of $1,560 and imposed a one-year driving prohibition against him.

Garagan committed the offence in Wolfville on March 26. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Garagan gave breathalyser readings of 160 and 160.

William McNish Davidson, 73, of Pereau, has been fined for having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit.

Davidson pleaded guilty to the charge on June 20. Judge Alan Tufts fined him a total of $1,300 and imposed a one-year driving prohibition against him.

Davidson committed the offence in Port Williams on April 29. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Davidson gave breathalyser readings of 100 and 100.

Latham Robert Metlin, 54, of Waterville, has been fined for having care or control of a motor vehicle while his blood alcohol level exceeded the legal limit.

Metlin pleaded guilty to the charge on June 20. Judge Alan Tufts fined Metlin a total of $1,430 and imposed a one-year driving prohibition against him. Metlin will be eligible to apply for the alcohol ignition interlock device program after six months. Metlin was also sentenced to six months of probation.

Metlin committed the offence in Berwick on May 6. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Metlin gave breathalyser readings of 160 and 160.

Refused breathalyser

Joshua David Creaser, 20, of New Minas, has been fined for failing to comply with a demand made to him by a police officer to provide samples of his breath for analysis to determine the concentration, if any, of alcohol in his blood.

Creaser pleaded guilty to the charge on June 20. Judge Alan Tufts fined Creaser a total of $1,300 and imposed a one-year driving prohibition against him.

Creaser committed the offence in New Minas on Dec. 4.

Conditional discharge for assault

Joybeth Featherby, 46, of Windsor, has been handed a conditional discharge with probation for committing an assault.

Featherby changed her plea to guilty on May 12 and the matter was adjourned to June 20 to allow time for a pre-sentence report to be prepared and for sentencing.

Judge Ronda Van Der Hoek handed Featherby a conditional discharge with six months of probation and fined her $100 in victim surcharges.

Featherby committed the offence in Windsor on March 31, 2016.

Suspended sentence for stealing property

Joshua Leonard Jackson, a.k.a. States, has been handed a suspended sentence with probation for stealing property valued at less than $5,000 from a woman.

Jackson pleaded guilty to the charge on June 6. The matter was adjourned to June 21 for sentencing. Judge Alan Tufts handed Jackson a suspended sentence with nine months of probation, with restitution of $728.74 to the victim, to be paid at a rate of $100 a month until paid in full.

Jackson committed the offence in Kentville on March 14.

Stole from Superstore

James Leo John Whiteman, 39, of Kingston, has been sentenced to probation and fined for stealing property valued at less than $5,000 from the Atlantic Superstore.

Whiteman pleaded guilty to the charge on June 20. Judge Alan Tufts fined him a total of $130 and sentenced him to nine months of reporting probation. Whiteman was ordered to make restitution of $138 to the Superstore through the court as part of his probation.

Whiteman committed the offence in Kingston on April 5.

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