Provincial Court July 24, 2003
Judge Saunderson presiding:
Hartwell, Leagh B. Applications to be relieved of compliance with a condition. Adjourned to July 31.
Leask, Kenneth A. Pleaded guilty to three charges of break and enter. Crown attorney noted that the accused has been a "nuisance in the community for quite some time" with offenses going back to 1982, and that Mr. Leask has a crack cocaine problem. Mr. Leask's lawyer noted that his client is a faller and was injured, which led to him taking opiates for pain. Mr. Leask must serve six months and two months respectively for the break ins, to be served concurrently. The judge also warned him: "Stay out of peoples homes, or you may be in a federal prison."
Matz, Luke G. Charged with production of a controlled substance, possessing prohibited weapons without a licence and careless use of a firearm. Adjourned to September 3.
Naylor, Loretta J. Pleaded not guilty to two impaired charges. Four hours will be set aside for a trial, date to be set.
Poulin, Kelly B. Unable to appear to speak to five applications to change a compliance order. Adjourned to July 31.
Saari, Duane D. In custody, charged with possession/use of a stolen credit card and uttering threats. Mr. Saari breached his electronic monitoring restriction when he left the home where he was to reside, claiming he was trying to get away from certain drugs, only to find them in the household. In sentencing the accused to 90 days in Miracle Valley rehabilitation centre, the judge complimented both counsel on coming to a creative sentence "laced with a large dose of common sense."
Tanti, Jeffrey V. In custody charged with break and enter, possession of a weapon for dangerous purposes and criminal harassment. Adjourned to August 7.
Voll, Ralph M.W. Charged with possession or import of bear gall bladders and genitalia and unlawful possession of dead wildlife. After hearing two days of evidence Judge Saunderson found "no basis in evidence that the items (seized by wildlife officers and presented as evidence) belonged to the accused's late father. The evidence is irresistible that the defendant knew of or had control of the items." He urged Mr. Voll to obtain a lawyer for the sentencing hearing, noting that the sentence could have far reaching implications on Mr. Voll's ability to continue to make a living as a guide. Judge Saunderson also asked the crown attorney to provide a complete picture of possible implications regarding the sentence. Date for sentencing, which may take place in Campbell River, will be set later.
Provincial Court, July 30, 2003. Judge MacKenzie presiding.
Amundsen, Wayne L. Did not appear to speak to his application for a prohibition order. Adjourned to August 13.
Jansen, Justin E. Charged with driving while prohibited and assault of a police officer. Adjourned to September 10.
Mason, Sandra D. Pleaded not guilty to assault with a weapon. Trial date to be set.
Ostensen, James L. Pleaded guilty to an assault charge. Judge MacKenzie noted that Mr. Ostensen is under treatment and has apologised to the court and the victim. He further warned the accused that it is difficult to decide upon a sentence yet the courts "see too much of this kind of thing. People have been killed by one blow, they get knocked down and don't get up." He placed Mr. Ostensen on 15 months suspended sentence and warned him that any breach could mean that he will serve "significant custodial time." Mr. Ostensen must also make restitution of $660. to the victim by December 1, for lost wages.
Young, Sara G.L. Pleaded guilty to assault. Counsel noted that Ms. Young has no previous record but became involved in a brawl outside a bar. Judge MacKenzie levied a conditional disharge of 6 months probation, must have no contact with the complainant and perform 20 hours community work.