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Jail term for one impaired driver, another free

A youth pleaded guilty to sexual interference and invitation to sexual touching, as well as break and enter, committing an indictable offence therein. The two sexual offences involve victims under the age of 16 and come with minimum jail periods.


A youth pleaded guilty to sexual interference and invitation to sexual touching, as well as break and enter, committing an indictable offence therein.

The two sexual offences involve victims under the age of 16 and come with minimum jail periods.
During Estevan provincial court proceedings, a pre-sentence report was ordered for the 17-year-old youth, who can't be named under the protection of the Youth Criminal Justice Act. The report will help the judge determine an appropriate sentence.

The matter will return on May 28.

A show-cause hearing for David Anderson was held last Thursday. A publication ban prevents any evidence of the hearing to be published, but Anderson is charged with assault, forcible confinement, break and enter, resisting arrest and uttering threats, among others.

Bazin released Anderson following the hearing under conditions that he reside in Macoun, in a residence set up by his employer, and that he is to be confined to the village except for work and four hours each week in which he can leave to run errands accompanied by an informed adult.

In other proceedings, a number of impaired drivers were dealt with. Robert Schick pleaded guilty to refusing a breath demand, leading to his sixth impaired conviction. Crown prosecutor Mitch Crumley noted Schick has not served jail time for any of the other convictions, the most recent of which was in June 2006.

The defence and Crown agreed to a nine-month jail term, followed by a three-year driving prohibition.
The 46-year-old was stopped by police after he was found driving at 142 kilometres per hour on Highway 39. He provided one breath sample of .15 and then refused a second one. He was charged with refusing the breath demand.

In other proceedings, one man expecting incarceration was saved the trouble at the 11th hour when it was pointed out that the Crown hadn't given him notice that they would be seeking a higher penalty for his impaired driving charge.

Merritt Gress pleaded guilty to impaired driving and was scheduled to go to the Impaired Driver Treatment Program to serve a 34-day jail sentence, beginning last Friday. He had two previous convictions in 1996 and 1997.

Presiding Judge Karl Bazin noted Gress's record dates back further than 10 years and that he hasn't sentenced anybody with this kind of record to jail time before. Gress did not have legal counsel and while he was not informed the Crown was seeking an elevated punishment, he was aware and prepared to be taken into custody following the sentencing.

Local defence counsel Lori Dunford assisted Gress after a break, speaking on his behalf and requesting that the charge be dealt with as a first-time offence, where his record and blood-alcohol readings, which were more than twice the legal limit, would be considered aggravating factors.

Crown prosecutor Mitch Crumley, who continued to pursue a jail sentence, noted that in the Estevan community, impaired driving is a "systemic" problem.

"It sends a message to the community. (Impaired drivers) are one of the most dangerous people we see in court," he told the judge.

Bazin said, "I've never sentenced someone to jail with this record before."

Gress was fined $1,500 and sentenced to a one-year driving prohibition. Bazin noted that because Gress appeared in court that day expecting to be arrested, there was some "turmoil" and mental hardship that may also act as a deterrent in the future for this individual, added Bazin.

During Monday's proceedings, Jerry McCaw appeared for a number of charges from the Income Tax Act that allege tax evasion. McCaw said he was not appearing for Jake's Oilfield Construction, though Bazin noted the records found him to be the sole shareholder and director of the company, which also faces charges under the same act.

The federal prosecutor motioned to a box and told Bazin that inside was the initial disclosure package that was available to McCaw, but has not been retrieved by the accused.

McCaw is unrepresented by counsel, and because he told the court he was unauthorized to speak to the charges, Bazin ordered not guilty pleas on McCaw's behalf. He also told McCaw that a penalty he may be looking at is to pay 100 to 200 per cent of the evaded tax owing if found guilty.

The matter was adjourned to April 26, to look at trial dates, as the trial is expected to take about seven days.