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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.
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