Kings and West Hants court report: Jan. 23, 2024

Federal sentence for drug offence

Douglas Andrew Upshaw, 34, of no fixed address, has been sentenced to federal custody after pleading guilty to possessing cocaine for the purpose of trafficking.

Upshaw has also been sentenced to concurrent jail time, deemed served, after pleading guilty to defrauding the Royal Bank of Canada of a value not exceeding $5,000; using a forged cheque at the Victory Credit Union as if it were genuine; failing to attend court in accordance with an undertaking; and failing without lawful excuse to attend court as required.

Upshaw pleaded guilty to the charges on Dec. 19, 2023. On Dec. 22, the matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

On Jan. 16, Judge Ronda Van Der Hoek sentenced Upshaw to two years in federal custody on the possession for the purpose of trafficking charge.

Upshaw was given credit at time-and-a-half for 36 days spent remanded in custody, or 54 days, and was sentenced to concurrent jail time, deemed served, on the four remaining charges.

Upshaw committed the offences in Three Mile Plains on Oct. 28, 2021; in Windsor on Dec. 2, 2021; Sept. 6, 2022; and Dec. 8, 2023; and in Brooklyn on Dec. 2, 2021.

Several other charges against Upshaw were withdrawn on Jan. 16. They include possession of stolen property, blank cheques, of a value not exceeding $5,000; using a forged document as if it were genuine; four counts of forgery; three counts of using a forged cheque as if it were genuine; and another count of defrauding the Royal Bank of Canada of a value not exceeding $5,000.

Conditional sentence for sexual assault

Jude Anthony Kubicek, 22, address unknown, will serve a period of imprisonment in the community after being found guilty of sexual assault.

Kubicek pleaded not guilty to the charge on April 26, 2022. A trial was held on April 24 and May 10, 2023. On May 23, 2023, Kubicek was found guilty. The matter was adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

On Jan. 11, Judge Ronda Van Der Hoek handed Kubicek a conditional sentence order of 24 months less one day. The conditional sentence includes house arrest for the first 18 months, to be followed by a daily curfew from 10:30 p.m. to 6 a.m. for the remaining time.

Kubicek was also sentenced to 30 months of probation, including 90 hours of community service work. The court granted a primary DNA order, imposed a 20-year Sex Offender Information Registration Act (SOIRA) order, and imposed a 10-year weapons prohibition against Kubicek.

Kubicek committed the offence in Waterville between Feb. 1 and Oct. 1, 2021.

Assault with weapon, probation offence

Lawrence Walsh, 54, of Aylesford, has been handed a conditional sentence order with house arrest for using a weapon, a guitar, in committing an assault; and for failing to comply with probation by failing to keep the peace and to be of good behaviour.

Walsh pleaded guilty to both counts on Sept. 12, 2023. The matters were adjourned to allow time for a pre-sentence report to be prepared and for sentencing.

On Jan. 11, Judge Ronda Van Der Hoek handed Walsh a six-month conditional sentence order, including house arrest for the first 90 days, to be followed by a daily curfew from 11 p.m. to 6 a.m. for the remaining time. Walsh was also sentenced to 18 months of probation.

Walsh committed the offences in Aylesford on Jan. 21, 2023.