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The Citizen, 2006-08-24, Page 182,0 4. okYt 1.19 13A..- v014- O COC.r,° vtix14C 000 - 0' vs0 HARVEST FOR HEALTH Saturday, September 2, 2006 PAGE 18. THE CITIZEN, THURSDAY, AUGUST 24, 2006. Court news Man sentenced to 1 year in jail for assault After entering guilty pleas to assault causing bodily harm and breaching probation, in his first appearance at Wingham's court Aug. 17, a Wingham man was given a message by Judge R.G.E. Hunter. Despite a joint submission from attorney for the Crown Quinn Ross and duty counsel Lynn Johnston ask- ing for a 90-day sentence Hunter sentenced Scott Hayes to one year in jail. "Absolutely no way," Hunter said to Johnston's request. Hayes had appeared before Hunter in June charged with assault and was placed on probation. One month later he was accused of attacking a man while he was walking down the street. According to Ross, the victim was struck in the face and his head was forced down to the curb where he was punched several times. July 14, Hayes turned himself in to the Wingham police. Johnston said the accused was cur- rently working three jobs. Following the incident he had contacted his probation officer and got informa- tion regarding anger management counselling. Hunter sentenced Hayes to nine months' for the assault, and three months consecutive for the breach charge. He is prohibited from own- ing a firearm for 10 years. A DNA sample had already been provided.' Following his release Hayes will be on probation for a year. JAILED Jason Rose of RR4, Flesherton pled guilty to one count of choking, one count of uttering a threat and one count of assault. According to Ross at the time of the incident in September, 2005, the accused had been using crystal meth for over a year. He had been arguing with the victim, his common-law spouse of 13 years, Putting both hands around her neck, he told her, 'You're almost dead, bitch," Ross told the court: At one point the victim was locked in a bedroom when Rose smashed the door with an axe and said, "You're f-------g dead, bitch." The third incident occurred when the victim returned to her home and found Rose in the driveway. When she tried to enter the house, Rose pushed her and she hit her head on- a hydro meter. The accused had no previous record. Rose's counsel noted that the 34- year-old had served 12 days after' his arrest. "He has since this taken great strides to try and eliminate his drug problem," said counsel. Hunter sentenced him to 90 days on the choking charge, 30 days con- current for uttering a threat and 30 days concurrent for assault. He will serve 18 months probation and is prohibited from owning a firearm for 10 years. He was also ordered to pro- vide a sample of his DNA. HOUSE ARREST A Lucknow woman faced sentenc- ing Thursday, after pleading guilty to assault causing bodily harm in the June court. Ross said that the victim had told the police that Casandra Massena had slapped her, then when she fell to the ground got on top of her and started punching her repeatedly. Defence counsel Phil Cornish had presented a pre-sentence report that he said "was quite positive with respect to demonstrating some changes (Massena) has made to her I i fe." While he admitted the facts were "troubling", Cornish explained that there had been a history between his 19-year-old client and the victim. "I guess she was trying to enact some self-imposed justice," he said. He said Massena regrets her actions, adding that as soon as she saw the victim was in some distress she stopped hitting her. The actions he said "were not con- sistent with her general behaviour." As there are still problems between the two, Cornish made an unusual request that there be a peace bond on both sides. Ross disagreed, however. "I don't think a peace bond application for the victim is appropriate. I don't think she should be punished for being the victim." While Cornish had argued against any custodial sentence, Ross noted the force of the attack, saying the victim had sustained cuts and bruis- es to her mouth, that her face had been swollen and that she had been held overnight in the hospital for ,servation. As well, Ross said, there have been psychological impacts. The victim, he said, is on leave from work, taking medication, she has moved twice and changed her phone number." "This was an apparently thought- out attack that was brutal. It is only thanks perhaps to (Massena's) physical acumen that it wasn't worse." "The facts are aggravating to say the least," agreed Hunter. He sen- tenced Massena to 12 months to be served as a conditional sentence. She is to be in her residence at all times except for school and work and the time it takes to get there and home. She can leave her home for medical purposes and from noon until 3 p.m. on Saturday for groceries. Other reasons must be approved by the probation officer in writing. Massena must abstain from the consumption of alcohol during the 12 months as well. "You breach any of these I assure you you will be doing the balance of the time in custody," said Hunter. Upon completion of her sentence, Massena will be on probation for 18 months. She is to have no contact with the victim or her two co- accuseds Carla Netterfield and James Hubbard. Massena must supply a DNA sam- ple and is prohibited from owning firearms for five years. Netterfield and Hubbard also pled guilty to assault. Ross said that when the victim was on her way to the police station Netterfield struck her and Hubbard spit on her. Hubbard was given a suspended sentence and placed on 12 months probation. He is prohibited from owning weapons for five years. Netterfield was given a condition- al sentence and 12 months proba- tion. Neither is to have any contact with the victim. MISCHIEF Jeremy Underwood of RR1, Clifford pled guilty to one charge of mischief under $5,000 and one charge of operating a motor vehicle without insurance. Ross said that at 12:15 a.m. the accused and some friends backed Underwood's vehicle onto a proper- ty and attached a tow rope to a boat that was chained to a tree. They then dragged it for several miles, causing severe damage to the boat. Upon investigation it was deter- mined that Underwood's vehicle was not insured, The 20-year-old was fined $2,000 for the insurance conviction and was given a suspended sentence and 12 months probation for mischief. He must also make restitution in the amount of $800 within two months. He has nine months to pay the fine. MARIJUANA PRODUCTION A Fordwich man pled guilty to marijuana production. Federal Crown Mike Donnelly said that police received information that Chauncey Bolander may have been growing marijuana and a search warrant was executed. A total of 63 plants were found, all between three and nine inches in height. Bolander was fined $1,000 and placed on probation for 12 months. He is prohibited from owning weapons for 10 years. Hunter gave the accused six months to pay the fine. MISCHIEF AT MADILL Kenneth "Luke" Quipp and Joshua Carmichael of Wroxeter each pled guilty to a charge of mischief. oss said that on June 19 police were called to F.E. Madill Secondary School. The accuseds had released four raccoons into the building. They were given a conditional dis- charge and six months probation. They must make restitution for the costs of securing the raccoons in the amount of $180 within 60 days. MISCHIEF Trevor Maxwell of Wroxeter pled guilty to mischief. On July 2, 'pdlice were flagged down by a driver who said that her vehicle had been hit by several paint balls just moments before. Two males, Maxwell and a young offend- er, were stopped. Johnston said Maxwell realized that what he had done was stupid, adding that he had admitted to the crime right away and pled guilty at the first opportunity. He was given a conditional dis- charge and 12 months probation. He must also serve 25 hours of commu- nity service within six months. Maxwell must also forfeit the paintball gun. ASSAULT Susan McPherson pled guilty to assault. Ross said that on Dec. 18, the accused, who was intoxicated, had left the victim's residence. Concerned about McPherson's con- dition, the victim followed her and tried to stop her. McPherson grabbed the victim by the hair and pushed her into a snowbank, then sat on her, said Ross. Defence counsel Donnelly noted that his client had been leaving, when the complainant came after her. He said McPherson had been at her Christmas party and did have too much to drink, but that the incident was out of character. She was given a conditional dis- charge and placed on probation for 12 months. She is prohibited from owning firearms for five years. The Brubachers of Ethel Restaurant & Bakery Real Home Cooking Try our Cinnamon Buns Mon. - Fri. 7-6:30; Sat. 8-6:30, Sunday Closed 887-8659 2:00 P.M. BLYTH, ONTARIO Gates Open at 1:00 P.M. Rain or Tickets $28.50 Shine Get Tickets at www.ticketweb.ca or 1-888-222-6608 This is an all ages event!! Food • Serviced Campsites . Beer Gardens For More Info Check Out www.canadianbattle.com , .,,r, eT.I.-zi _4),L i Saturday, September 2, 200672". $5.00 from each ticket sold will be donated to the Seaforth Community Hospital Foundation Join us following the performance for light refreshments; Silent Auction & 50/50 draw. Tickets $23 Regular Seating / $26 Preferred Seating All orders include a $3 handling charge. Call the Box Office today at 1-877-862-5984 toll free BLYTH www.blythfestivalcom FESTIVAL P.O. Box 10, MTH NOM INO