Halifax business operator ordered to build Wolfville walking trail
Community service project relates to Environment Act charges
A Halifax business operator who pleaded guilty to charges under the Environment Act has been ordered to build a walking trail in Wolfville as part of his sentence.
Peter Polley, carrying on business as PolyCorp Limited Partnership of Halifax, has been fined and has signed a sentence order relating to two charges laid under the Environment Act.
Polley was charged with knowingly contravening a term or condition of an environmental approval; and knowingly contravening a directive issued on Feb. 15, 2019.
Polley pleaded guilty to the charges on Nov. 27. Judge Ronda Van Der Hoek fined Polley $10 on each count. The court also granted a sentence order prepared by the Crown.
Polley will pay $2,000 to the court as a security that he will comply with the sentence order. He will be eligible to be reimbursed if the sentence order is successfully
limit within two hours after ceasing to operate a conveyance.
Williams pleaded guilty to the charge on Nov. 26. Judge Christopher Manning fined Williams $2,000 and imposed a one-year driving prohibition against him.
Williams committed the offence in Falmouth on June 18. The legal blood alcohol limit is 80 mg of alcohol in 100 ml of blood. Williams gave breathalyser readings of 160 and 170.
A charge of operating a conveyance while his ability to do so was impaired to any degree by alcohol or a drug or both was withdrawn on Nov. 26.
ASSAULT CAUSING BODILY HARM
Ross James Whitney, 37, of Somerset, has been handed a suspended sentence with probation for committing an assault causing bodily harm.
Whitney was originally charged with wounding an individual, thereby committing aggravated assault, but pleaded guilty to the lesser, included offence of assault causing bodily harm on Oct. 9. The matter was adjourned to Nov. 26 for sentencing.
Judge Claudine MacDonald handed Whitney a suspended sentence with 15 months of reporting probation. The court imposed a 10-year firearm prohibition against Whitney and granted a primary DNA order.
Whitney committed the offence in Somerset between Feb. 8 and 10. Another count of assault causing bodily harm and a charge of carrying a weapon, a chair, in committing an assault were dismissed on Nov. 26.
CONDITIONAL SENTENCE
Candace Lynn Penny, 38, of Kingston, has been handed a conditional sentence with daily curfew for uttering a death threat and assault causing bodily harm.
Penny was originally charged with wounding an individual, completed within the given time frame.
In lieu of making a $2,000 charitable donation, Polley has been ordered to complete a community service project to the reasonable satisfaction of Nova Scotia Environment (NSE) within nine months.
In consultation with NSE, Polley is to develop and complete a walking trail connecting the Harvest Moon Trailway with adjacent parkland or public space in Wolfville. He is to build and erect interpretive signage along the walking trail to
thereby committing aggravated assault, but pleaded guilty to the lesser, included offence of assault causing bodily harm on Nov. 26. Penny changed her plea to guilty to the charge of uttering a death threat on Nov. 26.
Judge Claudine MacDonald handed Penny a six-month conditional sentence with daily curfew from 10 p.m. to 6 a.m. for the entire time and 18 months of reporting probation on each of the two charges, to be served concurrently. The court imposed a five-year firearm prohibition against Penny and granted a primary DNA order. The court granted a forfeiture order for box cutters seized.
Penny committed the offences in Kingston on July 16, 2017. A charge of breaking and entering a residence and committing an indictable offence therein was dismissed on Nov. 26 with the Crown offering no evidence.
CONDITIONAL DISCHARGE FOR VARIOUS OFFENCES
Andrew Michael Jenner, 23, of Lakeville, has been handed a conditional discharge with probation for two counts of failing to comply with his undertaking; assault, six counts of failing to comply with his recognizance and uttering a threat via text message to cause bodily harm or death.
Jenner pleaded guilty to seven of the 10 charges on Aug. 13. The matters were adjourned to Nov. 26 to allow time for a pre-sentence report to be prepared and for sentencing. Jenner pleaded guilty to the three other charges on Nov. 26. Jenner was handed a conditional discharge with six months of probation on the 10 charges.
Jenner committed the offences in North Kentville on April 26, 2018; in Grafton on Sept. 30, 2018; in Kentville on Jan. 11, March 24 and 28 and April 13, 2019; and in Woodville on June 10, 2019.
Charges of carrying a weapon, a knife, in committing an assault; another count of assault, uttering a death threat, another count of uttering a threat via text message to cause
bodily harm or death, two more counts of failing to comply with his recognizance and another count of failing to comply with his undertaking were withdrawn on Nov. 26.
TIME DEEMED SERVED
Tyler Taylor, 28, of Greenwich, has been sentenced to time deemed served and probation for possessing stolen property of a value exceeding $5,000.
Taylor changed his plea to guilty on Nov. 27. Judge Ronda Van Der Hoek sentenced
Taylor to one day in custody deemed served by his appearance in court and six months of reporting probation.
Taylor committed the offence in Sheffield Mills on Dec. 1, 2017.
FINE, PROBATION FOR ASSAULT
enhance public knowledge and awareness of the local environment.
Polley is to make other such public space improvements in Wolfville as are consistent with the order, to the reasonable satisfaction of NSE, and as necessary to demonstrate a charitable contribution of at least $2,000 in labour and or material costs to further environmental protection and education in Nova Scotia.
Polley committed the offences on Woodman Road, Wolfville, between Jan. 3, 2019, and March 9, 2019.
Seann Paul Latter, 33, of Cambridge, Kings County, has been fined and sentenced to probation for committing an assault.
Latter was originally charged with carrying a weapon, a metal baseball bat and a kitchen knife, in committing an assault but pleaded guilty to the lesser, included offence of assault on Sept. 26. The matter was adjourned to Nov. 28 to allow time for a pre-sentence report to be prepared and for sentencing. Judge Christopher Manning fined Latter $250 and sentenced him to 12 months of reporting probation.
Latter committed the offence in Pereau between Feb. 10 and 28, 2018. Charges of criminal harassment; and attempting to choke an individual by placing both hands around her throat with intent to commit the indictable offence of assault were dismissed on Nov. 28 with the Crown offering no evidence.
DRUG POSSESSION, RECOGNIZANCE OFFENCE
Michael Charles Allen McGill, 40, of Upper Dyke, will serve a period of imprisonment in the community for unlawfully possessing methamphetamine and failing to comply with his recognizance.
McGill was originally charged with possession for the purpose of trafficking but
pleaded guilty to the lesser, included offence of possession on Nov. 28. McGill changed his plea to guilty on the recognizance charge on Nov. 28.
Judge Christopher Manning handed McGill a 90-day conditional sentence order with house arrest for the first 30 days, to be followed by daily curfew from 10 p.m. to 6 a.m. for the next 30 days, on each of the two charges. The sentences will be served concurrently.
McGill committed the offences in Kentville on Jan. 29. Charges of unlawfully possessing cannabis for the purpose of distributing it; and unlawfully selling, offering for sale or having in his possession cigarettes not stamped in accordance with the Excise Act 2001 were dismissed on Nov. 28 with the Crown offering no evidence.
CONDITIONAL DISCHARGE FOR ASSAULTS
Jason Garth Regan, 43, of Port Williams, has been handed a conditional discharge with probation for two counts of assault.
Regan changed his pleas to guilty on Sept. 19 and the matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing. Judge Ronda Van Der Hoek handed Regan a conditional discharge with 12 months of probation on the two charges.
Regan committed the offences in Port Williams between Jan. 1 and 31, 2015, and in Wolfville between Dec.
1 and 15, 2016. Seven more counts of assault and a charge of unlawful confinement were dismissed on Nov. 28 with the Crown offering no evidence.
FAILED TO ATTEND COURT, RECOGNIZANCE OFFENCE
David Ross Desmond, 49, of Greenwood, has been fined for failing to attend court in accordance with a summons and failing to comply with his recognizance.
Ross pleaded guilty to the charges on July 30 and the matters were adjourned to Nov. 28 to allow time for a pre-sentence report to be prepared and for sentencing. Judge Christopher Manning fined Desmond $200 for failing to attend court and fined him $150 for failing to comply with his recognizance.
Desmond committed the offences in Kentville on April 9 and June 5. A charge of failing to appear as required in accordance with a summons for the purpose of the Identification of Criminals Act was withdrawn on Nov. 28.