First-time offender gets probation for assault
July 22, 2020
Judge G.W. Paul
Hannah L. Arcand (24) was sentenced for driving with blood alcohol over 0.08 and assault. At trial on March 4, Arcand had changed her plea to guilty to two of four counts. A Gladue report and an agreed statement of facts were ordered. Sentencing was to be June 10, 2020, but was delayed because of COVID-19.
The Crown prosecutor and duty council referred to some of the details in the agreed statement of facts. Arcand isn’t from Slave Lake, but on the day of the crimes she went to a house party in Slave Lake. At the party, she drank too much and reacted violently to racial comments. She assault a man and crashed into a building, while driving drunk. Arcand’s blood alcohol level was 0.15 – almost twice the limit.
The insurance company applied for restitution of $19,009.41. However, both the Crown and duty council argued that the amount was very high and difficult for Arcand to pay.
The Crown suggested 12 months of probation for the assault. There was no request by the victim that Arcand have no contact with him.
“Not sure they even knew each other outside the party,” said the Crown.
Duty council suggested a fine as a conditional sentence.
These are Arcand’s first offenses, he said She struggles with “obsessive drinking” and mental health issues. She isn’t from the community, and wouldn’t benefit from having to report on probation.
“This is out of character for you,” said Judge Paul.
For assault, Arcand was sentenced to a conditional discharge of three months probation. This included the condition that she donate $100 to Slave Lake Victim Services. Once she donates, she no longer has to report. After one year of good behaviour, the assault conviction will be removed from her criminal record.
For drunk driving, Arcand was fined $2,000. and prohibited from driving for one year. She is eligible to apply for Interlock. Time to pay was given until May 1, 2021.
Arcand was not ordered to pay restitution.
Judge Paul declined to order Arcand to pay restitution. His reasons included that the amount of money was “exceedingly large,” the lack of consideration for betterment, and that the pictures didn’t include all parts of the building included in the claim.
Rodney D. Norbury (42) was fined $1,000 for a log book violation. Time to pay was given until May 1, 2021.
On March 9, 2020, at 8:55 a.m., a uniformed transport officer at the scale inspected Norbury’s Kenworth, said the federal Crown prosecutor. The officer asked for the current day and the last 14 days. Norbury handed over the last 14 days, but didn’t have the current day. The officer had him fill it out. This showed that he had failed to rest for eight hours.
When the officer asked Norbury about his hours, he said he thought he was close, but didn’t think he was over.
Norbury’s defense lawyer said, Norbury was delayed by bad weather. When he’d arrived the night before he couldn’t unload, so he had to wait. He merely forgot to fill in his log book.