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The Citizen, 2005-10-27, Page 27THE CITIZEN, THURSDAY, OCTOBER 27, 2005. PAGE 27. Court news Man offers apology in court for behaviour A Hamilton man who pled guilty to assaulting a police officer while resisting arrest in the October court, was sentenced in Wingham, Thursday. Alexander Burke addressed the court prior to sentencing. He told Judge R.G.E. Hunter his behaviour was “totally out of character” and apologized. He was sentenced to 30 days and is prohibited from owning firearms for five years. OVER 80 A London woman pled guilty to driving with over 80 mg of alcohol in 100 ml of blood. Attorney for the Crown, Perry Hill, said that Brenda McDougall had been stopped Sept. 3 in Wingham because there were no taillights in the vehicle she was driving. When officers detected an odour of alcohol, McDougall was given the roadside test which she failed. Breathalizer readings were 200 mg of alcohol in 100 ml of blood. She was fined $850 and her licence was suspended for one year. Hunter gave her six months to pay the fine. NO INSURANCE Steven J. Poag of Stratford pled guilty to drunk driving and to driving without insurance. Poag was stopped May 30 for speeding and the officer noted an odour of alcohol. Hill said. Breathalizer readings were 150 and 140 mg of alcohol in 100 ml of blood. On June 27 in Stratford, Poag was stopped by police. He had no insurance on his vehicle. For the alcohol-related charge, Poag was fined $750 and has lost his licence for a year. He was fined an additional $1,000 for having no insurance. He has six months to pay. FAILURE TO COMPLY A Wingham man is on probation for three years during which time he must make restitution in the amount of $9,422.86. Stephen Anger was charged with failing to comply with a probation order. Hill said the accused had appeared before a Stratford justice on April 2, 2001 on several charges and had been ordered to make restitution of $9,922.86. However, duty counsel John Myers noted that since Anger also went to jail until May 2003 he had no money to make the payments. Now employed. Anger had a budget showing that he was now prepared to make payments of $280 per month over three years. He had $500 with him to pay down some of the outstanding restitution. Hill stressed that the court order a specified amount to be paid each month so that it would constitute a breach if one payment is missed. Hunter agreed and gave Anger 35 months to pay it off. AUTO THEFT A pre-sentence report is being prepared for the Dec. 8 court for Thomas Farquhar who pled guilty to auto theft under $5,000 and break and enter. Facts will be presented and sentence announced on that date as well. POSSESSION Matthew James Nairn of Wingham pled guilty to marijuana possession. Nairn was charged June 13, after an officer discovered several small plants in plastic cups in a driveway. He was given 60 days to pay the $200 fine. ASSAULT Alan Sowa pled guilty to assault and failing to comply with conditions of bail. The victim contacted police June 11 regarding the assault. Sowa was arrested and released on the condition that he have no contact with the victim. Hill said on June 19, Sowa made the first of a number of phone calls to the victim. The last was June 25. Hill said his concern was that Sowa did have a record for a previous assault in 1996. Defence counsel Phil Cornish said his client had spent a total of 10 days in jail on both of these charges, something that he believes “has driven home the message.” “He lost his long-term employment and has had to change his living arrangements.” Cornish noted that Sowa’s surety was the victim’s father, a retired police officer, who has stated the accused has done well since being released. Hunter suspended sentence and placed the accused on probation for 12 months. He is prohibited from owning weapons for 10 years. ASSAULT David Dietz of Gorrie pled guilty to assault. Dietz, who suffers from multiple syndromes, had been with three girls under the age of 14. He had put his arms around one of them and later picked her up and “threw her over his shoulder”. The girls, said Hill, were upset by the incident. The accused also faced a charge of breaching probation having been arrested July 13 for consuming alcohol. Hunter placed him on probation for 12 months. He is also under a curfew and can’t be in the company of children under the age of 14 unless an adult is present. Dietz is also prohibited from owning weapons for five years. MISCHIEF Daryl Leybourne, RR4, Durham, pled guilty to mischief under $5,000. He was arrested after throwing a chair which put a hole in the wail of an apartment residence. Hunter suspended passing of sentence and placed Leybourne on probation for 12 months. 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