Court re­port

Cases in­cluded assault and ut­ter­ing threats

The Gulf News (Port aux Basques) - - News - BY ROSALYN ROY [email protected] Twit­ter: @tyger­lylly

Provin­cial cir­cuit court was held this month from June 20- 22 with Judge Lynn Cole pre­sid­ing.

Assault plea

Fred­er­ick King Jr. pleaded guilty to one count of assault, ad­mit­ting he struck an­other pa­tron at the Shark Cove Restau­rant on March 3.

He was given a 12- month sus­pended sen­tence, or­dered to have no con­tact with the vic­tim, and he will have to re­im­burse the $115 am­bu­lance fee as well as pay a vic­tim fine sur­charge.

Trial de­ci­sion

Wayne Don­ald An­der­son was found guilty of ut­ter­ing threats to cause death or bod­ily harm.

Given that An­der­son was con­victed for an iden­ti­cal of­fense in 2004, the Crown asked for a three-year pro­ba­tion, the long­est pos­si­ble pe­riod; a no con­tact or­der with the vic­tim or the vic­tim’s fam­ily; and a 10-year firearms pro­hi­bi­tion.

The Crown also cat­e­go­rized re­marks An­der­son made dur­ing the trial as threat­en­ing.

De­fense coun­cil agreed that An­der­son’s re­marks to­wards the vic­tim dur­ing the trial were in­ap­pro­pri­ate, and that de­spite the lack of med­i­cal doc­u­men­ta­tion, his client main­tains he suf­fered a brain in­jury and that there were “clearly men­tal health con­cerns.”

As no weapon was ever part of the threat, the de­fense also felt a firearms pro­hi­bi­tion was un­nec­es­sary.

When asked by Cole if he had any­thing to say, An­der­son main­tained that he could not be found crim­i­nally re­spon­si­ble and that he had a let­ter from a psy­chi­a­trist to that ef­fect. Cole re­minded him that had not been ar­gued as part of his de­fense.

“The pre­sump­tion un­der the crim­i­nal code is that you are pre­sumed to be ac­count­able for your ac­tions,” the Judge said.

Cole sen­tenced An­der­son to 18- months of pro­ba­tion, a two-year firearms pro­hi­bi­tion, and full no con­tact or­der for the vic­tim or that per­son’s fam­ily. He must also pay a vic­tim fine sur­charge of $100.

FILE PHOTO

The court­house in Port aux Basques.

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