Twenty-one-year-old Blair Booth, of Clearview Township, was sentenced on Jan. 12 after going to trial last December on a charge of employee theft under $5,000.

Mr. Justice C.R. Harris imposed 12 months on probation as a suspended sentence with 75 hours of community service to atone for the crime.

In the Ontario Court of Justice, Collingwood, the defence lawyer filed numerous character letters along with a pre-sentence report citing Booth's restitution to the Stayner Subway restaurant within hours of his arrest as cause for leniency.

Provincial Crown David Parke took immediate issue with the defence position for a conditional discharge. "Mr. Booth was employed, trusted by the company to handle cash, and he took advantage to steal money," said Parke. "We must be able to speak up as a community in a breach of trust. It amounts in the millions each year (aside from) a recent Wal-Mart case," said the prosecutor.

Dubbing the accused and a co-worker "sandwich artists," Harris reviewed the facts in which Booth removed two cash drops totalling $240 from the restaurant safe on or about July 29, 2008. On the following morning, said the judge, "everybody went into investigative and panic mode including the manager and (the co-worker)." The latter saw fit to confront Booth over the telephone after which he apologized to the manager with a confession.

"He was found guilty at trial," continued Harris, adding: "Given what the crime did, not just to Subway but to (the co-worker), he made full restitution, but there was no plea of guilty. On all the facts, it would not be in the public interest to grant a conditional discharge."

TV thief jailed six months

Cody Lawrence Doherty, 20, formerly of Owen Sound, entered in-custody pleas Jan. 12 to multiple charges, including break, enter and theft, and breach of court orders. The defendant was sentenced to six months behind bars on top of time being served. He was also banned from Wasaga Beach through a one-year probation order.

Prosecutor David Parke read that at 9 p.m. on Oct. 12, 2009, a Huronia West officer on regular patrol near 73rd Street and Hwy. 26 noticed two males, both in dark clothes, and one clutching a TV to his chest. At this point, both suspects fled, ditching the TV as they went. Further investigation led to the Shore Lane break-in, details of entry gained by pry marks and holes in the wall from where the television had been mounted. A shoe print match to Booth was also made, said Parke. Doherty was on probation at the time, bound by terms to keep the peace and attend court when required. He was in clear breach of both.

Although the 42-inch Samsung flat screen TV and a quantity of liquor were recovered, Justice Roland Harris questioned the machine's workability after "a rough ride."

Parke consulted his notes and was able to assure the court that it was intact.

The judge then ruled that Doherty would also make a $150 payment to the homeowner as compensation for "pain and suffering."

OPP RIDE program nabs another

A 24-year-old Richmond Hill man pleaded guilty Jan. 12 to a charge of careless driving receiving a $1000 fine accompanied by a six-month licence suspension.

Court heard that at 11:30 p.m. on Aug. 1, 2009, Huronia West officers executed a RIDE stop just south of Wasaga Sands in Wasaga Beach. Zie Huang was alleged to have "come up at high speed without slowing in full traffic, and passed through traffic cones."

The accused confirmed that he'd been imbibing before blowing results of 113 and 140 mg per cent into the intoxilyzer. "It appears you may have dodged the bullet," wrote the judge.

Scam merits probation

Samantha Waites, 19, of Stayner, entered a guilty plea Jan. 12 to theft under $5,000 from a Collingwood Tim Horton's. She was put on probation for 12 months as a suspended sentence. Provincial Crown David Parke told the court that on Sept. 22, 2009, the case theft was discovered by the Tim Horton's manager who'd received a customer call about a restaurant gift card with a $30 credit. The customer had allegedly spent three dollars, leaving a balance which was declined as zero cents.

Investigation turned up a different gift card number from the one printed on the receipt creating a paper trail to Waites. Video surveillance tapes also confirmed that the accused had switched cards retaining the balance for herself.

Waites was ordered to do 100 hours of community service within nine months and to stay out of Tim Horton's.

"This is a very popular scam. Yours is a little different because you switched cards. It's kind of like a fox in a chicken coop," said the judge.

Fraudulent activity nets 10 days

A 45-year-old Collingwood man entered guilty pleas from the prisoner's box Jan. 5 to charges of attempted fraud, disobeying an undertaking and attempted theft.

James Russell received 10 days behind bars on top of time served.

Provincial Crown Rick Bagg advised that on Nov. 14, 2009, the accused and two confederates visited the local Canadian Tire store where store security became concerned. Russell was seen as he went to the customer service desk in an attempt to return an item without a receipt. The item later proved to have been stolen from Canadian Tire by another party. Russell was captured on video and upon his arrest gave police a new address of which they had not been duly informed.

Three days later, the accused was recognized by a Zellers employee who followed him to the toothpaste aisle, Bagg said. She watched as the defendant chose some Crest Whitestrips, put them in his cart, and then transferred them to his pocket. At the razor aisle, Russell realized he was being followed and abandoned the theft.

Mr. Justice C.M Harper accredited the accused for 44 days of pre-trial custody in the case.

Drinking and driving cases

Axel Weber, 28, of Hamilton, pleaded guilty Jan. 12 on his first court appearance for impaired driving. On Nov. 12 last year, an employee of the local McDonald's restaurant tipped police from the drive-thru window as Weber gave his order.

The accused received a $1,400 fine to reflect his breathalyzer readings of over three times the legal limit. His licence was suspended for a year by statute.

Scott Douglas Bradbury, 49, of Cambridge, entered an in-custody plea Jan. 12 to charges of driving with excess alcohol and disobeying a court order by drinking. For blowing over 80, he was fined $800 and given six months to pay with a one-year driving prohibition. One further day behind bars was imposed for ignoring a court order.

Rhonda Lougheed, 21, of Springwater Township, pleaded guilty Jan. 5 to the offence of impaired driving. Blowing 231 and 230 mg per cent, she received an elevated fine of $1,300 with a two-month licence suspension. She was also put on probation for the same period to address her alcohol dependency.

Richard Powell, 37, of the Collingwood area, pled guilty to excess alcohol on his first court appearance Jan. 5. He was fined $1,250 with six months to pay and given a one-year driving prohibition under s.259(1) of the Criminal Code.

Robert Brooks, 66, of Collingwood, pleaded guilty to driving with excess alcohol Jan. 5 after driving into a RIDE check last November. Stating he had "no excuse except bad judgement," the defendant was fined $1,000, granted six months to pay, and the victim fine surtax was waived. His driver's licence was suspended for one year.

Fifty-seven-year-old Carolyn Davey, of Guelph, entered a guilty plea Jan. 5 to a charge of driving while impaired. As it was her second drinking and driving conviction, she was fined $1,500 with the standard 12-month driving prohibition.