IN THE COURTS
A partial compilation of offences from Kingston’s Ontario Court of Justice for the period of Nov. 5 to 9, 2018. Only sentences that involved a large fine, probation or incarceration are included.
Robert Badour, 77, was convicted of driving with more than the legal concentration of alcohol in his system. He was fined $1,000 and prohibited from driving. Kayne J. Barry, 27, was convicted of unlawful entry, mischief to property and resisting arrest. He was given enhanced credit on 105 days of pretrial custody, sentenced to time served and probation for two years. Basil B. Burnett, 35, was convicted of two unrelated assaults committed in late February and early March plus, in the first instance, a related violation of probation imposed in January 2017 that required him to keep the peace. He was given enhanced credit on eight months of pretrial custody, sentenced to time served and was placed on probation for two years, during which time he’s expected to comply with the treatment plan prescribed by his psychiatrist. Burnett has a diagnosis of schizophrenia and was hospitalized for assessment and treatment over an extended period following his arrest. Assistant Crown attorney John Skoropada said the initial assault charge in February was laid after Burnett became embroiled in an argument inside Thai Express at 394 Princess St. He told Justice Allan Letourneau that the restaurant’s owner was called and came in to confront Burnett, who was by then outside. They were continuing that verbal disagreement when Burnett suddenly struck the restaurateur in the side of the head. Burnett told the judge, “it was open-handed sir.” Three months later, while at the Wellington Street courthouse for a remand appearance, Skoropada said Burnett became involved in another dispute, this time with a fellow prisoner in the cells area downstairs. He punched his fellow disputant in the face. Burnett’s lawyer, Linda Christie, told the judge that her client has been taking his prescription medications faithfully and confided to her that “he’s never felt better and wants to stay on his meds.” The judge was also told a release plan has been developed for Burnett; he’s accepting help from Addiction and Mental Health Services and there’s a plan to reconnect him with his Assertive Community Treatment (ACT) Team. Nicular M. Dyer, 48, was convicted of two assaults causing bodily harm. He was given a 12-month conditional sentence to serve in the community under restrictions and placed on probation for 12 months. Robert J. Goodin, 63, was convicted of assaulting his partner by grabbing her by the throat during an argument in September 2017. Goodin was on parole, having been convicted on two counts of seconddegree murder in Toronto in 1981. Consequently, the 90-day sentence he received runs concurrently with his life sentence. His lawyer, Dan Scully, said his client’s parole — which Goodin said began in 1993 — was suspended in mid-March after the victim reported the assault to Kingston Police. He’s been in custody since. His victim told Justice Allan Letourneau, through her victim-impact statement, that she wasn’t aware of the specifics of Goodin’s past crimes when she became involved with him. Assistant Crown attorney Elisabeth Foxton, who read the impact statement into the court record, said the woman is “terrified he’ll come after her,” and she “fully believes he’s capable of killing her.” Goodin told the judge: “If she’s fearful, I’m sad for that.” He said he has no intention of pursuing her and will not bother her in the future. David A. Kaye, 36, was convicted of assault and threatening. His sentencing was suspended and he was placed on probation for three years. John T. Kort, 34, was convicted of assaulting two peace officers. He was credited with 30 days of pretrial custody, sentenced to a further 60 days in jail and probation for 18 months.