The Citizen, 2003-02-26, Page 18PAGE 18. THE CITIZEN, WEDNESDAY, FEBRUARY 26, 2003.
Court news
Man gets 90 days, fine for driving drunk
A history of drunk driving
offences has landed an RR2,
Brussels man in jail.
Bruce Boyd pled guilty to having
over 80 mg of alcohol in 100 ml of
blood when he appeared before
Judge Garry Hunter in Wingham’s
court, Thursday. He also entered a
guilty plea to a second charge of
driving without insurance.
Crown Attorney Bob Morris said
that police stopped Boyd in Brussels
on March 18, 2001 at about 1:45
a.m. His speech was slurred, his eyes
were bloodshot and his face was
flushed. When asked by officers if
he’d been drinking Boyd said he’d
had two beers.
It was also determined that Boyd
had no insurance.
Breathalizer readings were 150 mg
of alcohol in 100 ml of blood.
Morris noted that Boyd had
convictions from November 2001
for refusing to provide a breath
sample and for driving while
suspended. He received 21 days and
a fine for these. Another conviction
dates to 1988.
Concern for his client’s
dependents prompted Boyd’s
defence counsel to request no more
than 90 days. “I’m not suggesting he
not get the minimum, but I’m here to
protect his children.”
Hunter countered, “I’m here to
protect the public.”
Counsel asked for an intermittent
sentence which would allow Boyd to
work and find someone to help at
home.
In passing sentence of 90 days
intermittent, Hunter said, “I think
you’re getting off pretty easy so I’m
going to make it up in other ways.”
In addition to the jail time, he
fined Boyd $2,000, plus $5,000 for
driving without insurance. He is
prohibited from driving for three
years. He has six months to pay.
“You get picked up again for
drinking and driving and you’re
looking at 12 to 18 months,” Hunter
warned.
90 days
A pre-sentence report was
presented for a Wingham man who
entered a guilty plea to charges of
over 80 and assault.
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Ernest Albert was arrested April
26. Morris said police noted the
accused’s speech was slurred “so
much that he could not be
understood.”
Breathalizer readings were 130.
The second charge dates to Aug.
28. According to Morris the victim
said he had been assaulted by his
employer. Having just completed a
roofing job, a “heated argument’ had
taken place over salary, during
which Albert had punched the victim
in the ribs. A
Duty Counsel G. MacKinnon said
the argument was about an advance
in salary.
MacKinnon noted that the report
said Albeit had been doing well at
rehabilitating himself. An employer
who subcontracts work to Albert was
present in court to support him.
Counsel asl ed Hunter to consider a
custodial sentence which would
allow the accused to continue to
work and “build his life.”
Morris indicated that Albert had
five prior convictions for assault and
three for drinking and driving.
He was sentenced to 90 days to be
served intermittently and fined
$2,000. He is also off the road for
two years. On the assault charge,
Hunter fined him $500 and placed
him on 12 months probation. He is to
take counselling as recommended
and have no contact with the victim.
Albert is also prohibited from
having weapons for five years.
He was given six months to pay
the fine.
Over 80
Ivan Mason of Belgrave pled
guilty to over 80.
Morris said Mason was stopped at
12:16 p.m. on Nov. 4 after police
received a call from an anonymous
source regarding an impaired driver.
In speaking with the accused officers
detected an odour of alcohol. Mason
told police he had not had a drink
since 2 a.m.
Breathalizer readings were 110
and 120 mg of alcohol in 100 ml of
blood.
He has no record, Morris said.
Hunter fined him $600, which
Mason has six months to pay. He is
off the road for a year.
Mischief
An RR4, Brussels man pled guilty
to mischief under $5,000.
Morris said Joel Stewart Hill was
intoxicated when he arrived at a
residence in Blyth, Dec. 20. He was
asked to leave and refused. While
being escorted from the property he
was unco-operative, then began
kicking the door of a pick-up parked
outside.
It was after he smashed the glass
out of the front door of the residence
that police were called, the Crown
stated.
Hill has prior convictions for
mischief, theft under $5,000 and
impaired driving.
He was fined $300 which must be
paid in six months.
Causing a disturbance
Travis Chambers entered a guilty
plea to a charge which resulted from
a fight.
Morris* said the accused was one of
three men involved in an altercation
outside a bar in Wingham on Dec. 8.
He has no related record.
He was fined $300. Hunter gave
him 90 days to pay the fine.
Assault
The judge granted a conditional
discharge to a Wingham man who
pled guilty to assault.
According to Morris the victim
had arrived at the home of his
girlfriend, when the accused, Ryan
McDougall, opened the driver’s door
of the vehicle and began to punch
the victim. Morris said the girl used
to date McDougall.
Asked by Hunter if he had any
submissions to make, MacKinnon
said, “No, I believe the ‘ex
girlfriend’ says it all.”
McDougall was placed on
probation for 12 months and must
have no contact with the victim.
Sexual assault
A Fordwich-area woman pled
guilty to committing a sexual assault
and to breach.
On Nov. 1, the Crown explained,
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Christina Worner had a number of 12
to 16-year-olds at her home. She was
drinking and serving them alcohol as
well.
During the evening she sat on the
13-year-old victim’s lap and was
kissing him on the lips, Morris said.
One of the youths went home and
told his mother what was happening
and the police were notified.
Morris said when they arrived it
was some time before Worner
answered the door. When she did she
was dressed in a “low-cut black
negligee” and claimed the boy was
no longer there.
Police searched the house and
found the youth under her bed,
which Morris said appeared to have
been slept in.
As a result of the charge laid from
this incident, Worner was on a bail
condition which prohibited her to
have any contact with the boy. On
PUBLIC NOTICE
Re: 2003 County of Huron Budget
This notice is given under the provisions of the Municipal
Act, 2001, S.O. 2001, c 25, s 291(1) Notice - Before adopting
all or part of a budget under section 289 or 290, or amending
such a budget, a municipality shall give public notice of its
intention to adopt or amend the budget at a council meeting
specified in the notice.
The Draft 2003 County of Huron Budget will be presented for
deliberation and consideration at the March 6, 2003 County
Council Session at 9:00 a.m., Council Chambers, Court
House, Goderich, Ontario.
Barbara A. Leamen
County Clerk
The Corporation of the County of Huron
1 Court House Square
Goderich, Ontario N7A 1M2
(519) 524-8394
Dec. 22 she called him and said she
was going to the store and he might
see her there. Morris said the youth’s
mother was listening on an
extension.
Defence Counsel Tim Macdonald
said Womer’s two children have
been removed from her care. He said
she is currently being counselled and
has moved away from the area in
which she was living.
The Children’s Aid Society is
arranging for a full-pyschological
assessment, he said.
Given the lack of record,
Macdonald asked for probation
which would include counselling.
Hunter placed her on probation for
12 months. Worner is to receive
counselling, and can have no
association with the victim. She is
prohibited from owning weapons for
five years and must provide a sample
of her DNA.
VAL (PETAL