Guilty of theft under $5K 0
The Ontario Court of Justice, Criminal Division, convened in Pembroke on Tuesday, August 7 at its Pembroke Street East location. Presiding were Justice Grant Radley-Walters. Representing the Crown attorney’s office were Saad Syed, Terri James and federal Crown Tim McCann. After a number of adjournments, six people were sentenced.
• Peter MacDonald, 25, of Bonnechere Valley, pleaded guilty to a charge of theft under $5,000, six breach of recognizance charges and a fail to reattend court charge.
The six breach charges stem from incidents on April 27 and 28, 2012 when Mr. MacDonald was away from his residence without his surety, in the presence of a woman he was not to have contact with and not living where he was supposed to be living.
The theft charge dates back to September 2011 when a man left his wallet containing between $400 and $600 at a gas station, and Mr. MacDonald picked it up. It came to the attention of police in January 2012 when the wallet was found at a residence where Mr. MacDonald used to live.
On May 15, 2012 he failed to attend court for a scheduled appearance.
Justice Radley-Walters imposed a 120-day sentence, but with 39 days presentence credit given, Mr. MacDonald is sentenced to 81 days in jail. He is already bound by a three-year probation order so Justice Radley-Walters did not impose a further period of probation.
• Jonathan Chant-Sinon, 18, of Brudenell, Lyndoch and Raglan, pleaded guilty to the charge of assault.
On Aug. 2, 2012, Killaloe OPP received a number of calls about an assault.
The investigation revealed that during an argument, Mr. Chant-Sinon grabbed a woman by the throat and pulled her up against an ice cooler. The neighbours reported they heard the woman calling for help as she was afraid she was going to be killed.
The woman had a bruise on the left side of her throat which appeared fresh, according to police.
Mr. Chant-Sinon received a 40-day sentence, less six days presentence custody so he will spend an additional 34 days in custody, followed by 12 months probation. During that time he must abstain from the purchase, possession, consumption and use of alcohol and other intoxicating substances and attend assessment, treatment and counselling. He must not associate with the victim.
• Corey McGivern, 27, of 493 Martin St. Unit C, received a 60-day conditional sentence after he was found guilty of assault with a weapon and possession of a weapon at a trial for an incident at a local high school. Sentencing was postponed to allow time for a presentence report, which Justice Radley-Walters called positive as it showed Mr. McGivern is getting his life on the right track.
The first 40 days of the sentence will be spent under house arrest. During that time he must abstain from the purchase, possession, consumption and use of alcohol and other intoxicating substances and abstain from owning and possessing weapons, knives and ammunition. He must also attend and actively participate in assessment, treatment and counselling deemed necessary.
Following the conditional sentence, Mr. McGivern will be on probation for 12 months, when he will be bound by the same conditions. Justice Radley-Walters also imposed a five-year weapons prohibition and ordered Mr. McGivern provide a DNA sample for the national registry.
• Brian Shulist, 43, of Cobourg, Ont., pleaded guilty to a breach of probation charge.
On July 27, 2012 the Killaloe OPP received a call from a residence in Madawaska Valley about an unwanted male. When officers arrived, they learned a severely intoxicated Mr. Shulist was uttering threats and it took four people to contain him. He was also aggressive when officers arrived.
At the time, Mr. Shulist was bound by conditions to keep the peace and be of good behaviour.
He was sentenced to 30 days in jail, although he received credit for 11 days presentence custody which reduces the sentence to an additional 19 days. That will be followed by 12 months probation, during which time he must abstain absolutely from the purchase, possession, consumption and use of alcohol and other intoxicating substances.
• Robert Simms, 34, of CFB Petawawa, pleaded guilty to the charge of assault.
Just before midnight on June 14, 2012 Military Police received a call from a woman reporting her friend had been assaulted.
The investigation revealed a verbal argument escalated into Mr. Simms grabbing the woman’s cell phone and throwing it outside, then grabbing her by the shirt so hard that he pulled off her shirt and bra, causing an eight- inch cut on her ribs.
Mr. Simms received a conditional discharge and 12 months probation. He must attend and actively participate in assessment, treatment and counselling and not associate with the victim unless he has her written revokable consent.
• Chanalle Kennedy, 21, pleaded guilty to the charge of operating a motor vehicle with a blood-alcohol level over .08.
The court heard that officers from the Upper Ottawa Valley detachment of the Ontario Provincial Police were called to a single-vehicle rollover on Highway 17 between Deep River and Chalk River around 1 a.m. May 20, 2012.
The truck, driven by Ms. Kennedy came to a rest in a one-metre-deep swamp on the side of the highway, but she managed to get out on her own and she was observed walking on the highway by a passing motorist, Mr. Syed told the court.
As Ms. Kennedy spoke with emergency responders, her eyes were red and she had the odour of alcohol on her breath.
Readings revealed she had blood-alcohol levels of .159 and .151, nearly twice the legal limit.
Justice Selkirk imposed an $1,800 fine and one year driving prohibition, although she may apply for the ignition interlock device program after six months.
Tina Peplinskie is a Daily Observer multimedia journalist