SYDNEY, N.S. — For his role in a crime that sent an 89-year-old man to hospital, a 20-year-old River Ryan man has been granted a conditional discharge and ordered to complete a one-year probation period.
Daniel Edward Hemmings was sentenced after pleading guilty to single count of theft under $5,000. A second charge of assault causing bodily harm was withdrawn.
He was one of three people charged after an incident Aug. 7, 2018, at a home in Reserve Mines.
According to an agreed statement of facts presented to the court by prosecutor Rochelle Palmer and defence lawyer Darren Morgan, Hemmings, Cody MacInytre and Logan Campbell drove to the home of then 89-year-old Ted MacNeil in Reserve Mines in a bid to obtain beer.
While MacIntyre entered the home, Campbell stayed in the vehicle and Hemmings waited outside the home.
Hemmings would later enter the home and see MacIntyre and MacNeil struggle over a 24-pack of Coors beer.
MacIntyre won the struggle and directed Hemmings to take the beer to the car.
The trio then left the residence in the vehicle but returned a short time later with MacIntyre returning inside the home and Hemmings and Campbell remaining in the vehicle, where they were subsequently arrested by police. MacIntyre was arrested a short time later on the corner of Main and Rear Main streets.
Theft charges against Campbell were previously dismissed while MacIntyre is scheduled to appear before a Supreme Court judge and jury on charges of robbery, assault causing bodily harm, assault, unlawfully being in dwelling and uttering a threat. The trial is set to begin Aug. 20.
While both prosecution and defence jointly recommended probation, the Crown recommended a suspended sentence while the defence sought a conditional discharge.
Should Hemmings successfully complete his probation with no breaches, an absolute discharge can be granted, meaning he will not incur a criminal record.
In passing sentence, provincial court Judge Diane McGrath said the crime had a profound impact on the victim and members of his family. MacNeil died in September 2018 from injuries sustained in a fall at home.
The judge noted that the pre-sentence report was very positive for Hemmings who was described as having plenty of family support along with genuine feelings of remorse.
While the crime was deemed by those who know Hemmings as being out of character, Hemmings himself fully accepted responsibility for what happened.
McGrath stressed there was no evidence of a break and enter or that Hemmings was involved in any kind of violence.
She told the accused that while what he did can never be undone, he’s now has a fresh start to hopefully lead a full and productive life.
The court also received two victim impact statements from MacNeil’s son and niece.
In reading her statement in open court, Brenda MacLean said her uncle suffered a black eye and a head injury.
She said after the attack, MacNeil’s daily routine was severely disrupted in that he no longer wanted to drive or go out in public.
He feared another attack in his home and used knives and screwdrivers as further protections in his doors to keep people out.
