Woodstock Provincial Court: Sentencing in child luring case set for spring, Perth-Andover man sentenced on 18 charges

by | Feb 22, 2024

Sentencing in April in case of child luring

Brian Trevor Fox, 48, of Meductic, appeared in provincial court on Feb. 21 for a hearing following a recent decision from the Supreme Court of Canada that delayed his sentencing for months. 

After hearing final submissions from the crown and defence counsel, Judge Sebastian Michaud set his sentencing date for April 18 at 1:30 p.m. 

Fox pleaded guilty to using a computer system to lure a child (female minor) in connection with incidents between Nov. 1 and Nov. 26, 2019, at Meductic. The crown withdrew three other charges laid by the RCMP. 

Graphic evidence submitted by the crown included transcripts of several sexually explicit messages and photos exchanged between Fox and the victim during online conversations on Facebook over two months. 

On Wednesday, Crown Prosecutor Karen Lee recommended nine to 12 months in jail for the accused, as well as two years of probation and an order for Fox to register with the DNA database and the national sex offender registry for 10 years. 

She also recommended he undergo counselling and assessment for sex offenders. Lee said any materials used in committing the offence should be forfeited to the crown, including his cell phone.

Defence Counsel Robert Digdon argued a six to 12-month conditional sentence order (house arrest) was appropriate because Fox was a first-time offender who had no physical contact with the victim. Digdon said the accused needed to continue working to support his family. If jail time was ordered, the defence asked for 90 days on weekends for his client, followed by six to 12 months of probation.

“He has already learned an extremely valuable lesson,” Digdon told the court. “He realized it was wrong and stopped his behaviour. He is extremely remorseful.”

Under re-direct, the crown argued a jail sentence was necessary because of the seriousness of the crime and the psychological impact on the victim, explaining online luring reaches into the homes and bedrooms of young victims.

“You have to absolutely go to jail for sexualizing children,” said Lee. “He (Fox) said: ‘If someone finds out, it’s going to ruin my life.’ He knew the consequences and he should be right about that.”

Fox stood and apologized to the court for his “stupid behaviour.” He told Judge Michaud he was full of remorse and his life was now in tatters.

“There’s not a day I don’t wake up with regret and shame,” Fox said. “I don’t want to ever be involved in anything like this again.”

Fox’s sentencing was delayed because the Supreme Court was examining the constitutionality of the minimum mandatory sentence of six months in jail on summary conviction for the offence of child luring. 

The appeal to the Supreme Court was filed due to another case of child luring in Quebec. The Supreme Court heard that matter and handed down its decision on Nov. 23, 2023. The high court ruled the minimum mandatory sentence was unconstitutional.

During an earlier hearing, Digdon argued Fox’s sentencing should be set aside until the Supreme Court renders its decision, noting the appeal out of Quebec relates to the specific section of the Criminal Code under which Fox was charged. The defence lawyer said all provinces would apply the ruling once the Supreme Court decision was made.

Sentenced to 200 days in jail on 18 charges

Morgan Nicholas, 27, of Perth-Andover, appeared for sentencing in provincial court in custody on Feb. 20 on 18 charges laid by RCMP. He was handed 200 days in jail or time served and 18 months of probation.

Nicholas had been in custody since last August. He pleaded guilty to uttering threats on Oct. 18, 2022, at Perth-Andover; guilty to assault on Nov. 25, 2022, at Neqotkuk; guilty to breach of an undertaking and mischief causing damage to a police safety shield on Dec. 15, 2022, at Neqotukuk; guilty to resisting arrest and assaulting a police officer on Jan. 6, 2023, at Carlingford; guilty to committing mischief on Jan. 6, 2023, at Neqotkuk; guilty to uttering threats and assaulting a police officer on Jan. 7, 2023, in Woodstock; guilty to breaching a release order on March 5, 2023, at Neqotkuk; guilty to breaching his curfew on March 6, 2023, at Neqotkuk; guilty to breaching a release order on June 6, 2023, at Neqotkuk; guilty to two counts of assaulting police officer, uttering threats, resisting arrest, assault on a female victim and breach of a release order all on Aug. 6, 2023, at Neqotkuk.

Nicholas appeared in provincial court in custody by video on Aug. 28, 2023, for a bail hearing. He was denied bail and remanded. He has been in custody since his arrest on the New Brunswick Day weekend.

Remanded after bail hearing

Nekko Dominique, 31, of no fixed address, appeared in provincial court in custody on Feb. 16 and was remanded to jail after a bail hearing. He returns to court in custody for plea on Feb. 27 at 9:30 a.m.

RCMP charged Dominique with breaking into a dwelling house, possessing break-in tools, and wearing a mask with intent to commit an indictable offence following an incident on Feb. 10 at a residence in Neqotkuk. 

Sentenced to time served, probation

Dawson Sproul, 24, of no fixed address, appeared in provincial court for sentencing on Feb. 21 and was sentenced to time served and 12 months of probation. He had been in custody since early January.

Sproul was arrested on a warrant. He was charged with uttering threats, two counts of committing mischief causing property damage to a police vehicle and resisting arrest concerning incidents on Jan. 22, 2023, at Jacksonville. He was also charged with committing mischief on Nov. 13, 2022, at Jacksonville and resisting arrest on Dec. 29, 2023, in Florenceville-Bristol. 

Sproul pleaded guilty to two of the mischief charges and both counts of resisting arrest. The remaining charges were withdrawn at sentencing. 

Fined $1,500 for impaired driving

Terrance Leland Lockard, 62, of Craig’s Flat, Victoria County, appeared in provincial court on Feb. 20 and pleaded guilty to an impaired driving charge. He was fined $1,500 and was prohibited from driving for one year.

RCMP charged Lockard in connection with an incident on June 20, 2023, near Perth-Andover. The court heard police spotted Lockard in an older vehicle in a parking lot on Route 105. Police intended to check the vehicle’s inspection sticker when they found Lockard impaired behind the wheel.

In custody to await bail hearing

Ryan Troy O’Donnell, 27, of Johnville, appeared in provincial court in custody on Feb. 20 for a bail hearing. He was charged with breach of a release order and sexual assault. The bail hearing was adjourned until Feb. 22 at 1:30 p.m.

O’Donnell appeared in provincial court in custody on Feb. 15 and was remanded. He appeared in provincial court in custody on Jan. 24 for a bail hearing. He was released with conditions, including wearing an electronic monitoring device attached to his ankle, but was brought back into custody.

O’Donnell was charged by RCMP with assault involving a female victim, uttering threats, and breach of probation concerning an incident on Jan. 25 near Johnville. 

A date for a hearing about an alleged breach of a conditional sentence order will also be set during his next court appearance on Feb. 22.

O’Donnell received a nine-month conditional sentence on Aug. 1, 2023, after pleading guilty to indictable assault, theft, breach of a release order, two counts of breach of probation, uttering threats and assault on a female victim. He spent five months in remand before being released on a conditional sentence. O’Donnell has a prior criminal record.

Sentenced to time served, probation 

Douglas Thomas Defazio, 35, of Woodstock, appeared in provincial court in custody on Feb. 21 and was sentenced to time served and 12 months of probation. He had been in custody since early January.

Defazio was charged by Woodstock Police with assault involving a female victim concerning an incident on Sept. 21, 2023, in Woodstock, theft from Atlantic Superstore on Oct. 4, 2022, theft from Kent Building Supplies on Oct. 25, 2022, and breach of an undertaking on Nov. 21, 2023. He changed his plea to guilty. He was also charged with two counts of breach of a release order and resisting arrest for another incident before Christmas and was remanded following a bail hearing.

Arrested and held for bail hearing

Keith Kinney, Jr., 49, of Bath, appeared in provincial court in custody on Feb. 20 and was remanded to jail. He returns to court in custody on March 12 at 11:30 a.m. for a bail hearing and to set a new date for his trial.

Kinney was arrested on a warrant after he failed to appear in provincial court on Jan. 9 to set a new date for his trial. He appeared in provincial court in custody on Dec. 18, 2023, after being arrested on a warrant for failing to appear for trial in October. He was released with conditions but then failed to return to court again.

RCMP charged Kinney with assaulting a police officer while threatening to use a weapon (a glass object) following an incident on Jan. 8, 2023, in Bath. He pleaded not guilty during an earlier court appearance and told the court he was tasered by police during the incident. 

He also faces a new charge of shoplifting concerning an incident at a store in Bath on Nov. 21, 2023. Kinney will enter a plea to that charge at his next court appearance.

Arrest warrant issued

The court issued an arrest warrant for Cassidy Guest of Perth-Andover after he failed to appear for sentencing in provincial court on Feb. 20 on an assault charge.

Guest was charged by RCMP with assault causing bodily harm to another man following an incident on June 21, 2022, at Perth-Andover. 

He was scheduled for sentencing on Dec. 12, 2023, when the matter was adjourned to the new date at the request of his defence counsel. The court heard Guest worked outside the province but would return in February to deal with other matters in Edmundston.

In custody for mental health assessment

Brenda Lee McLean, 60, of Hartland, appeared in provincial court for plea on Feb. 20 on charges laid by RCMP. She was remanded for a 30-day mental health assessment and returns to court for a fitness hearing on March 19 at 1:30 p.m.

McLean appeared in provincial court in custody on Feb. 7 after being arrested for failing to appear for trial. She was released with conditions until her next court appearance.

RCMP charged McLean with uttering threats against two individuals, possession of a dog that was not her property and causing unnecessary pain to the animal by holding and strangling it concerning an incident on Oct. 19, 2022, near Hartland.

She also faces an additional charge of possessing a dog that was not her property for an incident on Sept. 23, 2022, near Hartland. She pleaded not guilty to the charges at an earlier court appearance but failed to return for trial on Jan. 17.

Trial rescheduled on mischief charge

David Watson, 27, of Perth-Andover, appeared in provincial court on Feb. 20 when a new date for his trial was set for May 31 at 1:30 p.m.

Watson was charged with mischief causing property damage concerning an incident on Oct. 16, 2022, at Neqotkuk. He pleaded not guilty, and a trial date was set for March 8. 

Plea adjourned to new date

Hilton Romeo Fredericks, 26, of Woodstock, will appear in provincial court on March 12 at 9:30 a.m. to answer an assault charge. He was scheduled for plea on Feb. 20, when the matter was adjourned to the new date at the request of his defence counsel.

Fredericks appeared in provincial court in custody by video on Jan. 29 and was released with conditions. Woodstock Police charged him with assault involving a female victim and breach of an undertaking in connection with an incident on Jan. 23 in Woodstock. He was brought into custody on Jan. 26 and spent the weekend in jail.

Fredericks was ordered to have no contact with the complainant and must reside in Kirkland. 

Trial set for accused in custody

John Long, 34, of Woodstock, appeared in provincial court in custody by video on Feb. 20 and pleaded not guilty to charges laid by Woodstock Police. His trial date was set for July 5 at 9:30 a.m. He remains in custody.

Long appeared in court on Jan. 12 for a bail hearing and was remanded to jail. 

He was charged with two counts of breaching a release order and breach of probation concerning a Jan. 5 incident in Woodstock. 

The charges allege he violated electronic monitoring (ankle bracelet) and his house arrest related to charges in Saint John. He appeared in court in custody by video in Woodstock on Jan. 8.

Woodstock man to enter plea

Shane Lee Dickison, 35, of Woodstock, appeared in provincial court on Feb. 20 to answer charges laid by RCMP. The matter was adjourned for plea until March 12 at 9:30 a.m. at the request of his defence counsel.

Dickison was charged with uttering threats and assault involving a female victim concerning an incident on Sept. 27, 2023, near Mapledale. He was also charged with flight from police for a separate incident on Sept. 27, 2023, at Teeds Mill. 

On Dec. 5, Dickison changed his plea to guilty to two other charges laid by Woodstock Police. He returns to court for sentencing on March 5 at 1:30 p.m.

He was charged with two violations of an Emergency Intervention Order for incidents on June 18-19, 2023, when he went to a local residence while ordered to stay away. 

Dickison appeared in provincial court in custody by video on July 17, 2023, after being arrested on a warrant. He was arrested after he failed to appear in provincial court to answer the charges on July 11, 2023. He was later released with conditions.

Perth-Andover man to stand trial

Lane Leo Lewis, 23, of Perth-Andover, appeared in provincial court on Feb. 20 to answer four charges laid by RCMP. He pleaded not guilty, and his trial date was set for Jan. 3, 2025, at 9:30 a.m.

Lewis was charged with assault while carrying a weapon (a machete and two BB guns), assault, and two counts of possession of a weapon for the purpose of committing an offence in connection with an incident on Oct. 4, 2023, near Perth-Andover. The charges involve a female victim. He was held in custody and then released with conditions.

Trial date confirmed for Woodstock man

Jace Maddox Anderson, 18, of Woodstock, appeared in provincial court on Feb. 20 to confirm his trial date in July.

Anderson appeared in court in custody on Jan. 18 and was released with conditions. Woodstock Police charged him with two counts of uttering threats against a female victim in connection with incidents on Jan. 14 and Jan. 17 in Woodstock. He pleaded not guilty.  

Woodstock Police also charged Anderson with assault and uttering threats in connection with an incident at a Woodstock apartment on May 25, 2023. He pleaded not guilty, and his trial date was set for July 4 at 9:30 a.m. 

Anderson also faces a charge of failing to appear in court on June 29, 2023. He will enter a plea on March 12 at 9:30 a.m.

Not-guilty plea on assault charge

Tony Joe Mills, 49, of Glassville, appeared in provincial court on Feb. 20 to answer an assault charge. He pleaded not guilty, and a trial date was set for Jan. 6, 2025, at 1:30 p.m.

RCMP charged Mills with assaulting another man stemming from an incident on Sept. 23, 2023, near Coldstream. 

Returning to court for plea

Sara Ann Broad, 41, of Moose Mountain, will appear in provincial court on March 12 at 9:30 a.m. to answer charges laid by RCMP. She appeared in court on Feb. 20 when the matter was adjourned for plea to the new date.

Broad appeared in court in custody in January and was released with conditions. RCMP charged her with assault on a male victim and breach of an undertaking concerning an incident on June 28, 2023, in Johnville. The court heard she also faces two mischief charges and an impaired driving charge.

Arrest warrant issued

The court issued an arrest warrant for Zachary Sarchfield of Hartland after he failed to appear in provincial court for plea on Feb. 20. 

Sarchfield appeared in provincial court in custody via teleconference on Jan. 18 after being arrested on a warrant in Fredericton. He was released with conditions.

Sarchfield failed to appear in court to answer charges on Jan. 16, and a warrant was issued. RCMP charged him with two counts of unlawful confinement, assault and possession of a weapon for the purpose of committing an offence. 

New trial on stolen property charge

Crystal Lee Phillips, 44, of Richmond Corner, will appear for trial in provincial court on Jan. 16, 2025, at 9:30 a.m. She appeared in court on Feb. 20 to get a new trial date after coming to court in January unprepared for her trial.

Phillips was charged by Woodstock Police with possession of stolen property (Sobeys gift card) concerning an incident on May 30, 2022, in Woodstock. 

Trial dates scheduled on charges of confinement, assault with torch

Dustin Robert Davenport, 40, of Aroostook, appeared in provincial court in custody by video on Feb. 20 for plea on multiple charges laid by RCMP. 

He pleaded not guilty on all counts, and his trial dates were set for July 8 at 9:30 a.m., Aug. 8-9 at 9:30 a.m. and Aug. 26 at 9:30 a.m. He remains in custody. A monitoring date for his trial was also set for June 21 at 1:30 p.m.

Davenport appeared in provincial court in custody by video on Jan. 4 and was denied bail. He was charged by RCMP with aggravated assault involving a female victim, uttering threats, unlawful confinement, possession of a prohibited weapon (a handheld torch), and breach of probation for an incident on Dec. 12, 2023, near Perth Andover when a woman was seriously burned. 

Davenport was also charged with uttering threats, breach of probation, breaching a no-contact order, assault involving another female victim, and forcible entry at a dwelling house in connection with a separate incident on Sept. 4, 2023, at Carlingford. 

He was also charged with dangerous driving for an incident on Oct. 13, 2023, at Perth-Andover when a man was allegedly dragged by a moving vehicle. 

Back in custody on new charges

Ryan Michael Fitzherbert, 28, of Woodstock, appeared in provincial court in custody on Feb. 21 on two new charges laid by RCMP. He was remanded to jail to await a bail hearing on Feb. 23 at 9:30 a.m.

Fitzherbert was charged with intimidation and breaching his release by violating an order for no-contact with a female complainant following an incident on Feb. 20 in Woodstock. He was irate about the charges on Wednesday and shouted the allegations were false. Judge Sebastian Michaud ordered sheriffs to remove him from the courtroom for “foul language and belligerence.”

Fitzherbert appeared in provincial court on Feb. 6 and pleaded not guilty to multiple charges laid by RCMP. He returns to court on Feb. 27 at 9:30 a.m. to set a trial date.

Fitzherbert and Jeffrey Richard Bull, 45, of Newburg, are each charged with kidnapping, unlawful confinement, and multiple firearm offences following an incident involving a female victim on Oct. 15, 2023, in Pembroke.

Bull appeared in provincial court in custody by video on Nov. 14, 2023, and pleaded not guilty to all 14 charges laid against him by RCMP. His trial date was set for Feb. 22-23 at 9:30 a.m. He was denied bail.

Bull was charged with kidnapping, unlawful confinement, pointing a firearm at another person, assault while threatening to use a weapon, possession of a firearm (a shotgun) for the purpose of committing an offence, unauthorized possession of a firearm, possession of a firearm without a licence, possession of a firearm while prohibited, flight from police, dangerous driving, resisting arrest, careless use of a gun, being an occupant of a vehicle knowing it carried a firearm, and breach of probation. He was remanded and ordered to have no contact with the complainant or his co-accused. 

Fitzherbert appeared in custody by video for his bail hearing on Oct. 20, 2023, and was released with conditions, including wearing an electronic monitoring device attached to his ankle. 

Fitzherbert was charged with kidnapping while using a firearm, unlawful confinement, possession of a firearm without a licence, unauthorized possession of a firearm, being an occupant of a vehicle knowing it carried a gun, breach of probation, and breach of a release order. 

Fitzherbert is also scheduled to appear for trial in provincial court on June 17 at 9:30 a.m. after pleading not guilty to other separate charges. 

He was charged by RCMP with improper storage of a firearm, possession of a firearm without a licence, and possession of a prohibited weapon (a switchblade knife) in connection with an incident on Dec. 10, 2021, in Jacksonville. He will also stand trial at the Court of King’s Bench on April 15-17 on drug trafficking charges.

Beechwood man awaiting trial

Nathan Vallee, 24, of Beechwood, appeared in provincial court on Feb. 20 and pleaded not guilty to two charges laid by RCMP. His trial date was set for Jan. 6, 2025, at 1:30 p.m.

Vallee was charged with assault involving a female victim and uttering threats in connection with an incident on Dec. 28, 2023, near Beechwood. A monitoring date for his trial was set for May 21 at 9:30 a.m.

Returning to court for plea

Dylan Thibodeau, 28, of Neqotkuk, will appear in provincial court on March 12 at 9:30 a.m. for plea on charges laid by RCMP. He appeared in court on Feb. 20 when the matter was adjourned to allow him more time to consult legal counsel.

Thibodeau appeared in provincial court in custody on Jan. 24 and was released with conditions. RCMP charged him with three counts of assaulting a police officer, resisting arrest, breaking and entering a dwelling house and assault in connection with an incident on Jan. 23 at Neqotkuk. 

Trial pending for Windsor man 

Jacob Alexander Roy, 26, of Windsor, will appear for trial in provincial court on Aug. 19 at 9:30 a.m. after pleading not guilty to four charges. 

Roy was charged with breaching a release order on Jan. 7. He was arrested and was released with conditions. He entered his not-guilty at a court appearance on Jan. 30 and returned to court for monitoring on Feb. 20.

In November, Roy was charged with breach of a no-contact order for an incident on Oct. 20, 2023, in Woodstock. RCMP also charged him with assault involving a female victim and unlawful confinement concerning an incident on Sept. 11, 2023, in Woodstock. He pleaded not guilty. A monitoring date for his trial was set for March 12 at 9:30 a.m.

Sentencing set for Moncton man

Ryley Smith, 28, of Moncton, appeared for trial in provincial court on Feb. 16 and changed his plea to guilty on two charges laid by RCMP. He returns to court for sentencing on May 9 at 9:30 a.m.

RCMP charged Smith with assault with a weapon (a bottle), assault involving a female victim, breach of probation, and breach of an undertaking concerning an incident on July 25, 2023, in Lower Woodstock. 

On Feb. 16, Smith pleaded guilty to both breaches. The two assault charges will still go to trial at his court appearance in May.

Smith appeared in provincial court in custody for a bail hearing on Aug. 8, 2023, and was released with conditions. As part of his release, Smith was ordered to report to the police weekly and have no contact with the complainant. He is residing at a residence in Salisbury.

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