With the end of August came the end of my time with the PPS and the last week of freedom before classes resume. It was definitely one of the most educational summers of my life and hopefully got me solidly established on a very fulfilling career path. I am quite thankful to all the assistants and Crowns who took me (and Scott) under their tutelage and guided us through a broad variety of experiences. Barring any sudden memory recall or news updates, this will be the last of the Law Unordered: PPS series, and I may have to resort to short updates of the tedium of 2L to keep this blog going. Hopefully Racheal and I can come up with something more interesting than dry law school anecdotes to keep you all entertained!
This is not meant to be a depressing or sad piece laden with finality. I have 3 more stories I can share, one of them rather unusual. Ah, the things you hear at a summer-end office lunch gathering...
Anyway. First. The hospital fraudster I mentioned a few episodes ago got sentenced, and it was what some might call stiff. He got 3.5 years in prison (more than the requested 2 year minimum), plus a restitution order for the full $400k. As if that were only a start (oddly there is no probation) his much-improved house could be the target of a forfeiture order under proceeds of crime legislation. I think the young daughter will be allowed to keep her stuffed animals, but everything else could be up for grabs. This is what breach of trust can do, boys and girls. Fraud alone is bad enough, but violating a position of trust really makes for hard sentences. Jail isn't really the hardest sentence or only way to ruin a life - just because someone isn't behind bars doesn't mean their life is pleasant. There's all sorts of release conditions, supervisions, restrictions, and other orders that can really suck the joy out of living. Such as here with the restitution and forfeiture orders!
Second is a man who got a couple driving prohibitions after a couple impaired driving convictions. It happens now and then, and most people take their lumps and move on. Not this schmuck. He decides prohibitions are for mortals. He starts stealing license plates to avoid detection, and drives, often, without a license, without insurance, while prohibited, and sometimes even while impaired. The license, insurance, and license plate violations fall within the local Motor Vehicle Act, which often carries fines rather than prison. This guy has managed to accumulate no less than $60,000 in fines! That is no typo, ladies and gentlemen! Methinks the message has yet to sink in. For his more recent offences he is facing jail time, and the Crown might be seeking a lifetime driving prohibition (perhaps a formality for this guy) and probation forbidding him from owning or operating cars - breaching probation is a criminal offence carrying jail time, and this guy needs to be incapacitated before he kills someone on the roads. He seems hell-bent on driving regardless what the law says, and there's only so many certain pre-emptive steps police or the Crown can take. I sure hope this one has a happy ending. Maybe he can sell his cars, should he have any, to pay off his fines!
Lastly though is a bit of a pick-me-up story. It's more of a legacy story, and not a personal experience I had. Not to pick on the mentally ill, but this one definitely falls under the "can't make this $#!+ up!" category. So, the mentally ill guy calls his mother complaining of a gnome in his closet. She brushes him off and hangs up. A few minutes later he calls again, with the same complaint - there is a gnome in his closet! She doesn't get much more out of him and hangs up again, assuming that gnomes don't exist and perhaps he got excited after watching TV or something. The third call raises her concern - not only is there a gnome in his closet, but the gnome is getting upset and making a racket. She calls her son's neighbour and asks him to investigate. The neighbour shows up and hears yelling and banging and decides to call the police. The 911 dispatch goes out - disturbance, gnome in the closet. The cops show up and find out that the son had answered a knock at his door to find a little person (dwarf) peddling the Jehovah Witness wares, and the son, delighted that a gnome showed up, picked him up and locked him in the closet (for what, safekeeping or later display?) until the closet started knocking, yelling, and banging, causing the son some annoyance. Well, the little guy got let out safe and sound, if not somewhat irritated and perplexed at his treatment, with a hard-learned lesson on the difference between friendly interest in his wares and the enthusiastic delight of a collector discovering a new toy. The son, being obviously not quite all there, got a talking to but no legal trouble. The dispatcher and the police, however, got a story that will live on and likely win a drink or two at the pub when it comes to workplace story contests.
Ok, that's all I've got for now. I hope you enjoyed following me along my PPS journey and will keep you posted as 2L progresses. For now, my suits are in the closet and I'm looking forward to returning to shorts and t-shirts as my daily wardrobe during this hot weather!
Cheers,
Aaron
31 August 2010
27 August 2010
Law Unordered: PPS #7 - A
It's hard to go through a summer in provincial court without coming to know some frequent customers. Last time I wrote about some characters, and naturally I've gotten a couple more to share with you.
Let's start with the worst: Mykal Smith was 17 years old when he was called to a residence to "take care" of an occupant. Without knowing the victim Smith showed up and shot him at point blank range in the chest, paralysing him and leaving him for dead. Smith subsequently bragged about the shooting as building his street cred in gangs and a reputation as a hit man. Luckily his boasts were recorded courtesy of a wire tap and despite his complete denial of responsibility he was found guilty of attempted murder. While a young offender at the time of the offence, he was raised to an adult for sentencing. What would have been a 3 year prison sentence as a youth (followed by conditions and intense rehabilitation) instead became an adult sentence - a record-setting 14 years in prison delivered in an airtight decision where Smith was described as coldblooded and calculating, committing a violently evil act. His mother, described by the judge as blind to her son's faults and making every excuse possible for him, found it inconceivable that her baby could be convicted and given such a harsh sentence - she was on the courthouse steps beaking off about how he was railroaded, that they would appeal and win, and how everything was racially motivated. Class act that she is, her and her son's friends (fellow gang members) waited for the victim to wheel his way out of the courthouse so they could heckle him. A heavy sheriff presence helped them exercise some restraint for a change. There were no hardships for this guy growing up - he chose to go bad, and revelled in it. He's used to being the big fish in a small pond - he won't survive adult prison without a major attitude change. And without some major rehabilitation, not only would an early be demise be inevitable but also no great loss. When he gets out he'll have a teenaged son who'll have largely grown up without a father - hopefully this'll motivate a significant life change.
Let's lighten things up with the case of the Grabby Cabby. He picked up two women 1 month apart and somewhat aggressively groped them. Once arrested he said if he were to be punished the first complainant should be punished too since she was asking for it. Well, today he faced sentencing on one count and entered a surprise guilty plea to the other charge. What changed his mind? Apparently he's devoutly religious, and spends 3 hours a day in his prayer room (doing what?), and supposedly he writes down all his prayers. This higher power, oddly absent when he felt entitled to molest his passengers, made a sudden arrival, hoping for a lower sentence. The same judge from the Smith case, just days later, handed down a 5 month prison sentence followed by 1 year probation, instead of Cabby's preferred house arrest. Apparently, women have a right to feel safe in a cab, regardless of what cultural sense of entitlement the cabby might have. While not the full sentence the Crown was seeking, this was a publicised case where a statement was made (we call it deterrence) and Cabby might face deportation upon release. Sadly, his wife and children, being his dependents, might also be deported because of his actions. Apparently he's a good family man in every other aspect. What a shame two women no longer feel safe in cabs at all, and are scared he'll show up at their homes where he dropped them off, perhaps to continue where things left off. Thankfully that's not likely to happen, and the judge made a point of commending the vast majority of local cabbies for safe and efficient service. Sometimes all it takes is one bad apple.
Both the above cases had significant media interest, and mere days apart I made it onto the local evening news in the background of a couple shots. Rather than me being the one asking reporters questions, now some of them have questions for me. That's an interesting role reversal!
(Web screencaps courtesy of CBC Halifax)
We'll finish with the case of the Pasty Fraudster. He's not clinically insane according to the experts, but he's definitely an odd duck. He can't decide what his real name is (supposedly the result of an incomplete name change application), or when he was working where. He claims: 1-to have late-onset spina bifida (which is purely congenital and prevents being able to walk) that almost prevented a minor-league baseball career except for him injecting fluids into his own spine, at the direction of his doctor (which would never ever happen!), 2-to be an engineer who helped either invent or improve plasma TVs and various military-specification computers, working for both the Canadian and American militaries as well as civilian companies, 3-to have recently developed a laser that harnesses the sun's power, not its energy, that is a 99.9% cure for cancer that he can't publicise because the military would confiscate it. To say there are inconsistencies in his story is putting it mildly - you just had to be there to appreciate the sneaky improvisations he would try add to his testimony. If you try pin him down on a detail, such as when he started or finished working for a company, he'd turn into jello, change the subject, then answer the question in a roundabout way that almost but not entirely contradicted his earlier statement. Anyway, using an alias he bilked his mistress out of $50,000 under various pretences. She says there were discounted TVs, computers, and real estate transactions being promised for her money - which of course never showed up. He says the company he was buying from only accepted cash-filled envelopes that he would slide under an office door late at night in an unfamiliar building, never receiving a receipt or confirmation from his mysterious contact. I don't think this guy could tell the truth if his life depended on it - I'm also somewhat surprised he hasn't been struck by lightning while on the stand. He's somehow convincing enough that he's actually had 3 mistresses he's done this to. I've only seen one of them and she's no dummy. This guy's a professional liar, and it looks like this time it's caught up to him. The verdict isn't in yet but it's not hard to guess how the story's going to end. Keeping track of his testimony, let alone keeping a straight face at times when he's on the stand, is challenging at best. You know it's confusing when, after direct and cross-examination, the judge needs 15 minutes of asking questions to get clarification.
Those are the highlights for now. Check you later!
A.
Let's start with the worst: Mykal Smith was 17 years old when he was called to a residence to "take care" of an occupant. Without knowing the victim Smith showed up and shot him at point blank range in the chest, paralysing him and leaving him for dead. Smith subsequently bragged about the shooting as building his street cred in gangs and a reputation as a hit man. Luckily his boasts were recorded courtesy of a wire tap and despite his complete denial of responsibility he was found guilty of attempted murder. While a young offender at the time of the offence, he was raised to an adult for sentencing. What would have been a 3 year prison sentence as a youth (followed by conditions and intense rehabilitation) instead became an adult sentence - a record-setting 14 years in prison delivered in an airtight decision where Smith was described as coldblooded and calculating, committing a violently evil act. His mother, described by the judge as blind to her son's faults and making every excuse possible for him, found it inconceivable that her baby could be convicted and given such a harsh sentence - she was on the courthouse steps beaking off about how he was railroaded, that they would appeal and win, and how everything was racially motivated. Class act that she is, her and her son's friends (fellow gang members) waited for the victim to wheel his way out of the courthouse so they could heckle him. A heavy sheriff presence helped them exercise some restraint for a change. There were no hardships for this guy growing up - he chose to go bad, and revelled in it. He's used to being the big fish in a small pond - he won't survive adult prison without a major attitude change. And without some major rehabilitation, not only would an early be demise be inevitable but also no great loss. When he gets out he'll have a teenaged son who'll have largely grown up without a father - hopefully this'll motivate a significant life change.
Let's lighten things up with the case of the Grabby Cabby. He picked up two women 1 month apart and somewhat aggressively groped them. Once arrested he said if he were to be punished the first complainant should be punished too since she was asking for it. Well, today he faced sentencing on one count and entered a surprise guilty plea to the other charge. What changed his mind? Apparently he's devoutly religious, and spends 3 hours a day in his prayer room (doing what?), and supposedly he writes down all his prayers. This higher power, oddly absent when he felt entitled to molest his passengers, made a sudden arrival, hoping for a lower sentence. The same judge from the Smith case, just days later, handed down a 5 month prison sentence followed by 1 year probation, instead of Cabby's preferred house arrest. Apparently, women have a right to feel safe in a cab, regardless of what cultural sense of entitlement the cabby might have. While not the full sentence the Crown was seeking, this was a publicised case where a statement was made (we call it deterrence) and Cabby might face deportation upon release. Sadly, his wife and children, being his dependents, might also be deported because of his actions. Apparently he's a good family man in every other aspect. What a shame two women no longer feel safe in cabs at all, and are scared he'll show up at their homes where he dropped them off, perhaps to continue where things left off. Thankfully that's not likely to happen, and the judge made a point of commending the vast majority of local cabbies for safe and efficient service. Sometimes all it takes is one bad apple.
Both the above cases had significant media interest, and mere days apart I made it onto the local evening news in the background of a couple shots. Rather than me being the one asking reporters questions, now some of them have questions for me. That's an interesting role reversal!
(Web screencaps courtesy of CBC Halifax)
We'll finish with the case of the Pasty Fraudster. He's not clinically insane according to the experts, but he's definitely an odd duck. He can't decide what his real name is (supposedly the result of an incomplete name change application), or when he was working where. He claims: 1-to have late-onset spina bifida (which is purely congenital and prevents being able to walk) that almost prevented a minor-league baseball career except for him injecting fluids into his own spine, at the direction of his doctor (which would never ever happen!), 2-to be an engineer who helped either invent or improve plasma TVs and various military-specification computers, working for both the Canadian and American militaries as well as civilian companies, 3-to have recently developed a laser that harnesses the sun's power, not its energy, that is a 99.9% cure for cancer that he can't publicise because the military would confiscate it. To say there are inconsistencies in his story is putting it mildly - you just had to be there to appreciate the sneaky improvisations he would try add to his testimony. If you try pin him down on a detail, such as when he started or finished working for a company, he'd turn into jello, change the subject, then answer the question in a roundabout way that almost but not entirely contradicted his earlier statement. Anyway, using an alias he bilked his mistress out of $50,000 under various pretences. She says there were discounted TVs, computers, and real estate transactions being promised for her money - which of course never showed up. He says the company he was buying from only accepted cash-filled envelopes that he would slide under an office door late at night in an unfamiliar building, never receiving a receipt or confirmation from his mysterious contact. I don't think this guy could tell the truth if his life depended on it - I'm also somewhat surprised he hasn't been struck by lightning while on the stand. He's somehow convincing enough that he's actually had 3 mistresses he's done this to. I've only seen one of them and she's no dummy. This guy's a professional liar, and it looks like this time it's caught up to him. The verdict isn't in yet but it's not hard to guess how the story's going to end. Keeping track of his testimony, let alone keeping a straight face at times when he's on the stand, is challenging at best. You know it's confusing when, after direct and cross-examination, the judge needs 15 minutes of asking questions to get clarification.
Those are the highlights for now. Check you later!
A.
04 August 2010
Cape Breton Trip 2010 - Cheticamp - A
This was the last day of our grand adventure. Cheticamp is a very Acadian town (Acadians being French maritimers mostly evicted long ago by the Brits, eventually forming the Cajun communities in the American Deep South.) and has a peaceful charm to it where everyone seems cheerfully bilingual and very tourist-friendly. Cheticamp and Ingonish are the respective ends of the Cabot Trail, and both scenic in their own ways. To the pictures!
And that concludes our local-ish vacation. Now back to our regular routine!
Cheers,
A.
And that concludes our local-ish vacation. Now back to our regular routine!
Cheers,
A.
03 August 2010
Cape Breton Trip 2010 - Cabot Trail - A
The Cabot Trail is a windy road through the highlands of Cape Breton, the closest thing you get to the mountain driving of B.C. here in Nova Scotia. There are steep hills, windy coastal roads, remote communities (have you heard of Meat Cove? The name is rather deceptive), and numerous scenic look-offs (what other people might call lookouts). Today we saw nifty scenery, the place where Cabot landed in Nova Scotia, an old Scottish hut, moose, and more scenery courtesy of the Skyline trail just outside Cheticamp. Believe me when I say you are barely scratching the surface of the pictures we took!
Tomorrow we rest up in Cheticamp before making the mad dash back to Halifax. This has been fun but a bit tiring, so a lighter day will be nice.
A.
Tomorrow we rest up in Cheticamp before making the mad dash back to Halifax. This has been fun but a bit tiring, so a lighter day will be nice.
A.
02 August 2010
Cape Breton Trip 2010 - Ingonish - A
Having explored the right-hand side and centre of the island, our next stop in Cape Breton was Ingonish. We stayed one night there so we could enjoy the beach and some scenery before pushing on for the Cabot Trail (the top left side of the island) the next day. It was a quieter day, not as busy as others, just a nice drive, some pictures, and dipping our feet in the water. Not really much more to say other than enjoy the scenery, other than see if you can spot the underwhelming lighthouse:
That does it for another day. See you tomorrow, after what should be an impressive drive.
A.
That does it for another day. See you tomorrow, after what should be an impressive drive.
A.
01 August 2010
Cape Breton Trip 2010 - Glace Bay - A
So today we went to Glace Bay to see the Miner's Museum and then down to Iona to see the Highland Village there, which traces the Scottish migration to the area and how they developed. Enough talk, picture time!
Me in a giant elevator box:
Mining company village:
The mine tour and former miner guide, including replica pit pony, horizontal jackhammer, and undergound garden:
Seen on the road to Iona:
Highland Village, including Gaelic actors and a cart belonging to Alexander Graham Bell:
A pond in Sydney:
Tomorrow, Ingonish. Till then,
A.
Me in a giant elevator box:
Mining company village:
The mine tour and former miner guide, including replica pit pony, horizontal jackhammer, and undergound garden:
Seen on the road to Iona:
Highland Village, including Gaelic actors and a cart belonging to Alexander Graham Bell:
A pond in Sydney:
Tomorrow, Ingonish. Till then,
A.
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