IN THE COURTS

Kingston Whig-Standard - - NEWS -

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.

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