Provincial Court Feb 20, 2003  Judge Yee presiding:

Fisher, Robin J. One charge of assault and seven of breach of undertaking. Adjourned to February 26/03.

Leask, Rodney R. Three charges of robbery, three charges of breach of probation or recognizance and one charge of possession of a controlled substance. Adjourned to February 27/03.

Stephens, Arnold A. Pleaded guilty to three charges of possession of stolen property under $5,000. Noting that had the accused come to trial and been sentenced earlier on the first charge (which had been in the system for 344 days) he would have been out on probation when the two other charges were committed, Crown Attorney John Sinclair asked for a sentence of 20 weeks, or five months. Judge Yee noted that Mr. Stephen's had a record going back to 1996, and that when people commit crimes there has to be some sort of deterrent. "I am giving you one last chance in not putting you into custody. If you get into trouble again with the law you will not get this kind of chance again." He gave Mr. Stephens three months to pay a fine of $1,000 and also make restitution of $140 to three local businesses. He placed him on probation for 24 months and he must attend an alcohol treatment program.

Pursley, Aaron M. Pleaded not guilty to three charges of fishing without a license, possessing illegally caught fish, and making false statements to a fisheries officer. Two other related charges were stayed. In his prosecution address Rod Johnston noted that fisheries officers had gone to Savary Island in response to clam diggers' complaints that the accused was poaching. He was found to have 284 clams in his bucket. Mr. Johnston noted a previous conviction and fine of $1,000 that was still unpaid. Mr. Pursley said he was only helping friends by taking them to the island on his boat, and was digging a handful of clams for his own use. Commenting that even had the accused had a sport fishing license, he would still only have been able to dig 75 clams, Judge Yee said he found it strange that Mr. Pursley's defense was that he did not know that what he did was against the law, despite the previous conviction. He imposed another fine of $1,000 and said both fines must be paid by the end of August. He recommended that if Mr. Pursley liked clams, perhaps he should buy them.