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.