This is the latest court report for Kings and West Hants counties.
Sex charges dismissed, time served for fraud
Reid John Westhaver, 32, of Edmonton, Alberta, formerly of Kentville, has had sex charges against him dismissed and has been sentenced to time deemed served for defrauding an individual of a sum of money not exceeding $5,000.
Westhaver was charged with sexual assault and sexual touching involving a person under age 14. It was alleged that the offences were committed in Kentville on Jan. 25, 2008. The accused was not present in court as required on Feb. 16, 2009. Judge Claudine MacDonald authorized a warrant for his arrest.
On May 24, 2017, Supreme Court Judge Gregory Warner ordered that the warrant of arrest issued by MacDonald in 2009 be authorized to be executed anywhere in Canada. On June 13, 2017, a signed designation of legal counsel for Westhaver was produced and the Canada-wide warrant was vacated. The matters were adjourned for election and plea.
Westhaver wasn’t present in Kentville provincial court on Aug. 15, 2017, when his lawyer entered not guilty pleas to the charges on his behalf and elected trial by provincial court judge.
The matters were adjourned to March 28, 2018, for trial. The accused was present on March 28 but the Crown witness was not. The Crown offered no evidence and the two sex charges were dismissed.
Westhaver also faced charges of stealing property valued at less than $5,000 from an individual and defrauding an individual of a sum of money not exceeding $5,000 in Kentville between Sept. 30 and Oct. 10, 2007, and on Oct. 9, 2007, respectively.
Westhaver pleaded not guilty to the charges in January 2008 and the matters were adjourned to May 6, 2008, for trial. Exhibits were entered and evidence was heard at the trial before the matters were adjourned to May 20, 2008, for the trial continuation. Westhaver was not present in court for the trial continuation.
On June 19, 2008, the court granted an arrest warrant for Westhaver. The accused was present in Kentville provincial court on the executed warrant on March 21, 2018. The warrant was vacated and the matters were adjourned to March 28 to set a trial continuation date.
On March 28, Westhaver changed his plea to guilty on the fraud charge. He was sentenced to one day in custody deemed served and the court granted a standalone restitution order for $138.31, payable through the court to the benefit of the fraud victim.
The charge of stealing property was dismissed with the Crown offering no further evidence.
Breathalyser offence
Niall Stewart Burnett, 20, of Wolfville, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.
Burnett pleaded guilty to the charge on March 27. Judge Alan Tufts fined Burnett a total of $1,300 and imposed a one-year driving prohibition against him. Burnett will be eligible for the alcohol ignition interlock device program after three months.
Burnett committed the offence in Wolfville on Dec. 1, 2017. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Burnett gave breathalyser readings of 130 and 140.
Breathalyser offence
Kelsey Michael Jones, 24, of Kentville, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.
Jones pleaded guilty to the charge on March 27. Judge Alan Tufts fined Jones a total of $1,300 and imposed a one-year driving prohibition against him. Jones will be eligible for the alcohol ignition interlock device program after three months.
Jones committed the offence in Kentville on Feb. 18. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Jones gave breathalyser readings of 120 and 110.
Breathalyser offence
Bret Ryan Keohan, 25, of Canning, has been fined for operating a motor vehicle while his blood alcohol level exceeded the legal limit.
Keohan pleaded guilty to the charge on March 27. Judge Alan Tufts fined Keohan a total of $1,300 and imposed a one-year driving prohibition against him. Keohan will be eligible for the alcohol ignition interlock device program after three months.
Keohan committed the offence in Canning on Jan. 1. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Keohan gave breathalyser readings of 100 and 90.
Assault, undertaking offence
Kiersten Lynn Toney-Foss, 20, of Cambridge, has been handed a suspended sentence with probation for committing an assault and failing to comply with an undertaking.
Toney-Foss pleaded guilty to the charges on March 13 and the matters were adjourned to March 28 for sentencing. Judge Alan Tufts handed Toney-Foss a suspended sentence with 15 months of reporting probation on the two charges.
Toney-Foss committed the offences in Cambridge on Jan. 6. Another assault charge and another count of failing to comply with an undertaking were withdrawn.
Mischief, probation offence
Jared Curtis Harris, 22, of Kentville, has been handed a suspended sentence with probation for committing mischief by smashing an individual’s cell phone and failing to comply with probation.
Harris changed his pleas to guilty on March 28. Judge Alan Tufts handed Harris a suspended sentence with six months of non-reporting probation, including $150 in restitution to be paid through the court to the benefit of the mischief victim.
Harris committed the offences in Kentville on May 20, 2017. Charges of assault, assaulting a member of the Kentville Police Service engaged in the execution of his duty, resisting arrest and attempting to take a Taser in the possession of a member of the Kentville Police Service engaged in the execution of his duty were dismissed with the Crown offering no evidence.
