Provincial Court Nov 26, 2003
Judge Libby presiding:
Baird, Jeanette L. Two charges of possession/production of controlled
substance. Judge Libby noted her non appearance; a trial date will be set.
Heatley, Robert G. Charged with operating a vessel without due care and
attention. A visibly emotional Mr. Heatley was sentenced to the maximum
allowable penalty - a $2,000 fine. Fourteen year old Brendan Kremsater was
killed on Powell Lake in July 2002 by a boat driven by Robert Heatley at
an admitted speed of 70 kmh. Counsel for Mr. Heatley emphasized his
client's deep remorse, said his life had completely changed and, despite
numerous efforts, Mr. Heatley had been unable to put his sorrow into words
in a letter to the victim's family. In passing sentence, Judge Libby said
this had been only the fourth time he had dealt with such a "tragic,
quasi-criminal" offense, and that "no penalty is adequate." He said he was
satisfied that the charge was the most satisfactory and correct under the
circumstances. Judge Libby further invited anyone in the court to comment
upon the sentence before confirming it. There was no response.
Holland, Daniel H. Charged with mischief of $5,000 or under. Trial date
set for December 18.
Irwin, Robert C. In custody on breach and assault charges. Mr. Irwin had
been free on a conditional service order, which has now collapsed, and he
will serve the rest of the sentence in jail.
McCurrie, Colin J. Two charges of operating a vehicle/vessel while
impaired. Trial date set for December 18.
Moore, Kevin C. Charged with possession of stolen property under $5,000.
Pleaded guilty and must repay $62.48 to the complainant, perform 10 hours
community service and serve a six month (suspended) sentence.
Naylor, Loretta J. Charges of operating a vehicle/vessel while impaired.
Ms. Naylor did not appear. Noting the amount of time this case has been in
the system, (637 days) Judge Libby gave counsel the opportunity to reach
the accused before the end of the day, at which time he would consider a
warrant.
Shelton, Steven A. Charged with driving while prohibited. Stayed.
Tite, Ian J. Charged with theft/possession of stolen property under
$5,000. Pleaded guilty, sentenced to one month conditionally.
Walker, Gail B. In custody and appeared via video link. Pleaded guilty to
four charges of theft of $5,000 or under and breach of undertaking. Judge
Libby said Ms. Walker falls into the category of 'nuisance' and sentenced
her to 10 days concurrent on each charge, time served to be counted.
Malanchuk,Malayna. Pleaded guilty to theft of $5,000 or under. This was
Ms. Malanchuk's fist offense. She received a six month conditional
discharge provided she repays $250 to the victim during that time.