HomeMy WebLinkAboutThe Citizen, 2005-04-28, Page 25THE CITIZEN, THURSDAY, APRIL 28, 2005. PAGE 25.
Court news
Man convicted despite Charter argument
Despite an argument that under
Canada’s Charter of Rights and
Freedoms, there was a violation of
the accused person’s rights, Jeffery
M. Chapple of Belgrave was found
guilty in Wingham Court last week
of driving with an excessive blood
alcohol level.
Chapple was tried and found
guilty of driving with 130 mg of
alcohol in 100 ml of blood. He
committed the offence on May 8,
2004.
Judge R.G.E. Hunter decided that
Chapple. 26, was given an adequate
opportunity to call a lawyer of his
choice following his arrest. The
judge also decided the arresting
officer had grounds for arresting
the man, and that Chapple was
allowed to consult a lawyer (duty
counsel) in privacy at the Wingham
Police Station where he was taken
for a breath test.
After the Charter argument was
dismissed, the judge did not accept
the defence witnesses’ testimony
that the accused man had only
consumed three beers, attaching
greater credibility to the breath test
readings and the arresting officer’s
testimony.
Chapple was fined $750 and is
prohibited from driving for a year.
Assault
Thomas S. Goodyer, 34, of
Listowel, was convicted of assault
causing bodily harm. He committed
the offence Sept. 19, 2004 in
Wingham.
Goodyer was fined $500 and
placed on probation for a year. He is
also prohibited from possessing
weapons for five years.
Marijuana
Larry Brears, 58, of Kincardine
was convicted of possession of a
controlled substance (marijuana).
He committed the offence in
Brussels on Jan. 28 of this year.
Brears. who said he used the drug
for pain management, was fined
$300.
Sentenced
Murray Thornton, 42, of the
Gorrie area, was sentenced to a
total of eight months in jail for
offences committed in April,
October and November of 2004. He
was also placed on probation for a
year.
Thornton was sentenced to six
months in jail for impaired driving
and is prohibited from driving for
three years. He was also in violation
of a court order against
consumption of alcohol.
Court heard that breath test
readings were 290 and 280; he was
driving without a licence when
police stopped him as he was
driving into Gorrie in an erratic
manner.
Thornton was given an additional
month in jail on each of two
charges of breaching court orders.
One factor in the length of the jail
sentence involved prior convictions
for alcohol-related offences/
Mischief
William L. Coates, 28, was
convicted of mischief under $500.
He was ordered to pay restitution
and was placed on probation for 12
months.
North Huron council briefs
Council passes bylaws
North Huron council passed two
bylaws dealing with James Street in
Auburn at its April 18 meeting.
The first bylaw was to stop up and
close a portion of James Street, Plan
291 in Auburn.
The second confirmed the
authorization of the sale of part of
the road allowance for James Street
on Plan 291.
***
Bills and accounts in the amount
of $242,054.38 were approved for
payment.
***
Council had no objection to the
application for consent to sever land
at Plan 170, Lots 9 and 10, Morris
Street in Blyth subject to the
completion of a lot grading and
drainage plan.
***
Council endorsed a resolution
from the Twn of North Perth in
respect to requesting the provincial
government extend the deadline for
the implementation of Bill 124,
which amends the Building Code
Act, 1992.
Specific concerns include the
length of time given to meet training
requirements, the need for an
internship program and the removal
of designer requirements on
dwellings subject to Ontario New
Home Warranty and on unenclosed
porches.
***
A resolution from the City of
Ottawa requesting the province
reconsider its decision to disallow
and eliminate retirement farm lots
for bona fide farmers received
council’s support.
***
Council authorized the purchase
and installation of the playground
equipment in Belgrave as described
on the site plan.
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years of service. We are creating a collection of stories,
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