Russel James Henry Ens was ordered to pay $1,840 in fines and prohibited for a year from operating a motor vehicle, after being sentenced for a number of dated offenses, at the Feb. 1 regular sitting of Estevan provincial court.
On July 31, 2010, Estevan Police Service members stopped a vehicle driving erratically in a local parking lot. In the course of its driving, the vehicle almost collided with the unmarked police vehicle. When asked to identify himself, the driver of the vehicle identified himself with a false name. The accused was subsequently given breathalyzer tests. The results of both tests indicated he had a blood alcohol level of 130 mg/L.
When police tried to confirm Ens’ identity by means of an address, it was discovered that he had provided a false name. They also discovered that his real name was associated with a number of warrants from Alberta.
Ens was also found to be breaching several conditions stemming from previous charges for which he was placed on conditional release. These included violation of a curfew obligating him to report to his place of residence by 10 p.m., and violation of a condition from previous charges, that he not use a cell phone.
The Crown and Ens’ lawyer made a joint recommendation of fines for the impaired driving, obstruction of a peace officer by providing false identification and breaches of conditions. Ens’ lawyer noted that it was important to consider his client’s situation, since Ens is a recent graduate of a work training program and transitioning into employment, and was just starting a business.
Presiding Judge Lane Wiegers noted that while Ens’ guilty plea indicated remorse and was a mitigating factor, impaired driving and providing a false name were problematic.
Wiegers imposed a fine of $1,000 for the impaired driving charge, and a $150 victim fine surcharge. He was also prohibited from operating a motor vehicle for a year.
Ens was also fined $200 for the conviction of obstruction, and $200 for each of the two breeches of conditions for which he was found guilty. A victim fine surcharge of $30 was added to each of those three fines.
Wiegers acknowledged the difficulty someone starting employment would have in paying those charges, and gave Ens five months to pay the fines, with the opportunity of an extension if a reasonable effort was made to make payments on time.
Brady MacDonald, 23, was sentenced for evading a peace officer on April 22, 2015. The Crown said EPS members, while in general patrol, found a grey Dodge Ram driving along Souris Avenue at 88 km/h.
Police activated emergency lights and the driver of the vehicle refused to stop, turning onto Edward Street. The driver then turned onto Victoria Avenue and stopped in a driveway. The accused then exited the vehicle and ran between a shed and a house.
Police ran the license plate of the vehicle and saw that it was registered under Brady MacDonald. They asked at the residence where the truck stopped to see if he was home. Police were later able to track MacDonald down and question him, and he admitted to exiting the vehicle and fleeing.
MacDonald was accused of prior offenses including two counts of possession of marijuana under 30 grams in 2010 and 2013, for which he received a six month and a one year conditional discharge, respectively.
MacDonald’s lawyer indicated that he had never been charged with anything similar to this before and that the crime was not consistent with his, normally, good behaviour. MacDonald’s lawyer described him as apologetic, and MacDonald remained silent through the proceedings.
Wiegers sentenced MacDonald to probation for a period of 12 months with a $100 victim fine surcharge.
