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THE CITIZEN, THURSDAY, FEBRUARY 23, 2006. PAGE 19.
Court news
Man convicted of assault gets jail term
A Wroxeter man found guilty in
January of assault and of breaching
probation, was sentenced Feb. 16 in
Wingham's court to one year in jail.
Judge R.G.E. Hunter received a
pre-sentence report for Paul G.
Martin, along with letters from a
local minister and residents of the
community. They stated that Martin
is a useful member of the
community as well as being
someone who has done services for
the public good.
Defence counsel Quinn Ross said
that his client was willing to
participate in counselling as was the
victim. He also noted that while the
report suggested there be no contact
between Martin and the victim, this
would be "personal stress" on the
victim as the couple also has a
business relationship in addition to
their personal relationship.
Ross admitted that his client
"lacks the skills to deal
appropriately with issues of jealousy
and anger." He asked the judge to
consider a six month sentence.
Attorney for the Crown, Perry
Hill, however had a concern that was
not addressed in the letter, Martin's
relationship over the years with his
female partners. He asked for six
months on each conviction saying
that the "penalty should be severe. It
appears he has lacked the skills for a
long time and hasn't done anything
to change that."
Hill also expressed concern about
the request for contact between
Martin and the victim. "I would ask
that she be protected whether she
likes it or not."
Hunter said, "It goes without
saying this was a viscious assault,
totally unjustified". He sentenced
Martin to time served on the breach
charge and one year for the assault
in the hopes the accused might get
the message through his head "that
he can't use his fists and feet" to
settle a disagreement.
Upon his release he will serve two
years probation and is prohibited
from owning firearms for life.
A sample of Martin's' DNA has
been provided.
JAILED
Paul McDougall of Wingham was
sentenced to six months, Thursday
as a result of a guilty plea to several
charges in the January court.
McDougall was convicted of
driving with over 80 mg of alcohol
in 100 ml of blood, of two counts of
failing to comply with a court order,
two counts of uttering a threat to
cause death, theft of electricity and
cable and marijuana possession.
With regards to the first charge,
Hill said, McDougall was stopped
by police on Nov. 9. They noted an
odour of alcohol and physical signs
of impairment. The accused
admitted to consuming six drinks,
the Crown stated.
Breathalizer readings were 150
mg of alcohol in 100 ml of blood.
On Feb. 3, 2003 McDougall failed
to appear in court, resulting in the
first fail-to-comply charge.
On June 12 McDougall was
arrested for uttering threats to
neighbours in his building who had
been concerned that he was stealing
hydro from them. He was out on-bail
on condition that he have no contact
with these people and that he abstain
from alcohol.
Hill said at 11 a.m. April 18,
police had received a complaint
about the theft of electricity. The
couple said that since moving into
the building their power bill had
increased dramatically. McDougall
who lived behind the couple had had
his power cut off. In searching his
residence, Hill said, the officers
found evidence. of electrical theft
and also found 28 gm of marijuana
in a freezer and a small plant on a
windowsill.
They also noted that McDougall
had cable television. In contacting
the company it was determined that
he was not a customer.
Hill submitted a record for the
accused which included three
previous convictions for impaired
driving.
Hunter sentenced him to six
months on all charges, as well as
suspending his driver's licence for
three years.
He must make restitution to
Westario Power within six month of
his release date in the amount of
$651.79.
He is to have no contact with the
victims of the threats and is
prohibited from owning any
firearms for five years.
STOLEN PROPERTY
A day of car hopping has landed a
Lucknow man in jail.
Curtis D. Mitton pled guilty to car
theft and to possession of stolen
property.
Hill stated that the accused and a
friend had stolen a cell phone from a
van in Wingham Dec. 8. When the
victim called the number, and
unknown person answered and said
that Curtis Mitton would be
returning the phone. Hill said the
phone had been sold by the accused
and the other man for $30.
That same day police had been
contacted about a stolen car from a
parking lot at the edge of Wingham.
Hill said the accused admitted he
and another man had been "car
hopping" and found the car with the
keys in it. They rode it around for an
hour then ditched it in the high
school parking lot and threw away
the keys.
He was sentenced to 45 days
concurrent on each count and will
serve 12 months probation upon
release.
DRIVING DRUNK
A Port Elgin man received a 30-
day intermittent sentence for driving
while disqualified.
Ray Hugh MacLean pled guilty to
the charge which dates back to June
1.
Hill stated that the accused was
stopped by police in North Huron
for driving 121 km and hour in a
posted 90 km an hour zone. He
could not produce his licence as it
was under suspension for impaired
driving.
Hill stated the accused has a
record for three other drinking and
driving convictions.
Defence counsel Mike Donnelly
stated that while his client had had
difficulties with drinking and
driving in the past, he had been
abstinent for the last two years.
The intermittent sentence was to
accommodate MacLean's
employment.
IMPROPER STORAGE OF
FIREARMS
James B. Leachman of Morris-
Turnberry pled guilty to several
counts of careless storage of
firearms in January and attended
court Thursday for facts and
sentencing.
Hill said police had received
information that Leachman might
have unlicensed firearms in his
possession. A warrant was obtained
and on Aug. 17 the accused's
residence was searched.
Found in a bedroom closet were
three rifles, three shotguns and a
long gun with folding stock and
bayonet. There was also
ammunition for some of the
weapons in a locked box.
Leachman has no similar record.
According to defence counsel G.
MacKinnon most of the weapons
had belonged to Leachman's
grandfather. Also, he added that
while they had not been stored
according to regulations access was
"not easy".
Hill, however, pressed for a
substantial fine. "With the concern
of people breaking into homes and
stealing firearms,- the message
should be sent that this is a serious
matter."
The fine was $150 on each charge
for a total of $1,050. He was given
60 days to dispose of the weapons
and will forfeit the ammunition.
Leachman is prohibited from
owning weapons for five years.
He has six months to pay the fine.
OVER 86
An RR2, Bluevale man pled guilty
to a drunk driving charge.
Hill said that Joseph H.
McClelland was stopped on
Jamestown Road in Huron East Dec.
16 after an officer clocked his speed
at 26 km per hour.
The officer noted an odour of
alcohol coming from the accused
and visible signs of impairment.
Hill said the accused had admitted
to consuming alcohol.
Breathalizer readings were 130
mg of alcohol in 100 ml of blood.
He has no similar record.
He was fined $750 and has lost his
licence for one year. McClelland
was given six months to pay the fine.
MARIJUANA POSSESSION
Daniel David Battye of Seaforth
pled guilty to possession of
Continued on page 21