Breach or failure to appear part of the majority of cases
August 21, 2019
Judge J. A. Watson
Kenneth Robert Lauck appeared via phone from High Prairie RCMP cells to plead guilty to failure to comply with recognizance and failure to comply with probation.
Lauck was under both probation and a recognizance, the crown said. The probation was for a conviction and the recognizance was related to charges before the court.
On July 5, he failed to report for both.
Lauck’s record was admitted.
Lauck received 14 days consecutive for each count, for a total sentence of 28 days. He had credit for nine days. The 19 days remaining are to be served on weekends at the Peace River Correctional Centre.
Sylvia Tina Cardinal (46) pled guilty to two counts of failure to appear. A mischief charge was downgraded to public intoxication under the Gaming, Liquor and Cannabis Act.
On January 2, 2019, police received a report of public intoxication, the crown said. They found a male and female asleep in front of the post office surrounded by beer cans and hairspray canisters. Cardinal was the woman.
When RCMP woke Cardinal, she started screaming, the crown said. She was also aggressive. She was arrested and put directly in cells because she was acting very belligerent.
Cardinal’s record was admitted.
Cardinal is attending AA meetings and applying for rehab for alcohol addiction, the defence said.
The joint submission was for a fine for public intoxication and one day each for failure to appear.
Cardinal received one day concurrent for all three counts, with credit for coming to court, so no time left to serve.
“It’s going to be noted on the record that you got a bit of a break,” Judge J. A. Watson said.
Cody Lee Noskiye (20) was sentenced for failure to appear.
On April 3, 2019, Noskiye and both witnesses failed to appear for trial, the crown said.
Noskiye’s record was admitted. The crown suggested 14 days.
Noskiye was sentenced to 30 days, with credit for 30 days pretrial custody and house arrest.
At trial, Larry Maxwell Bartlett changed his plea to guilty to driving over 0.08.
Bartlett had no previous record.
The reading was a blood alcohol level of 0.11, within the range for the minimum conviction.
Bartlett received a $1,000 fine and a one year driving prohibition. He is eligible of for the interlock system and received time to pay until February 29, 2020.
Frank James Twin changed his plea at trial to guilty of mischief property damage and failure to appear.
The incident happened on November 17, 2016, the crown said. The victim broke off a domestic relationship with Twin in 2015. They have two children together. The victim received sole custody, but Twin had some visiting rights on set days.
On the 17th, Twin texted the victim that he wanted to see the kids, even though it wasn’t his day, the crown said. He also sent a Facebook message that he was coming over to see the kids, even though it wasn’t his day.
Twin showed up at the victim’s apartment uninvited, the crown said. He pounded on the kitchen window and yelled ‘let me in’. He hit the window so hard, that the inside pane cracked.
The victim and a witness both heard the window break. At least two small children were in the apartment.
At trial on February 27, 2017, Twin was approved for diversion, the crown said. He was required to finish it and pay restitution by June 2017.
In June, Twin didn’t attend court. He also didn’t complete diversion or pay the restitution.
Twin received a suspended sentence of one year with the condition to have no direct or indirect contact with the victim or their two children, except as authorized by the court. Also, to not be within any known residence or workplace of the victim.