Crown: C. Waite, Office of the Crown Attorney, Brampton
Defence: Craig Penney, Toronto Dangerous Driving Lawyer, Brampton
¶ 1 THE COURT: All right, for the record then, this is the matter of Ms D.J. Ms J. is present before the Court. Mr. Penney appears on Ms J.'s benefit. Mr. Waite is here on behalf of the Crown. There's an Information with one count before the Court. Now I understand by agreement between the parties Ms J. will be entering a guilty plea. Is that right, Mr. Penney.
¶ 2 MR PENNEY: Yes. She'll be entering, in fact, a not guilty plea to the count as will be read out, but a guilty plea to the included offence of unlawfully causing bodily harm under section 269, and that plea is being proffered under the authority of section 606(4) with the Crown's consent.
¶ 3 THE COURT: All right, that's on consent, Mr. Waite?
¶ 4 CROWN: It is, Your Honour.
¶ 5 THE COURT: All right, and I am sure, Mr. Penney, you've had a discussion with your client about the consequences of pleading guilty.
¶ 6 MR PENNEY: Yes.
¶ 7 THE COURT: All right. Ms J., you wish to plead guilty?
¶ 8 CLIENT: Yes, Your Honour.
¶ 9 THE COURT: All right. If you could have Ms J. arraigned then. Thanks.
¶ 10 CLERK: D.J., you are charged on or about the 4th day of May, in the year 2007, in the City of Mississauga, in the said Region, did operate a motor vehicle on a street or road or highway or public place in a manner that was dangerous to the public and did thereby cause bodily harm to [the complainant] contrary to the Criminal Code of Canada, section 249(3). The Crown wishes to proceed summarily?
¶ 11 CROWN: Yes, please.
¶ 12 CLERK: How do you — how do you plead to the charge read, guilty or not guilty?
¶ 13 MR PENNEY: Your Honour, Ms J. pleads not guilty to the charge as read but guilty to the offence of unlawfully causing bodily harm under section 269(b) of the Criminal Code.
¶ 14 THE COURT: All right, and again that's on consent of the Crown, Mr. Waite?
¶ 15 CROWN: It is, Your Honour.
¶ 16 THE COURT: All right. Mr. Waite?
¶ 17 CROWN: Your Honour, on the 4th day of May 2007, at approximately 12:12 a.m., police responded to a motor vehicle collision at Carrie Parkway and Erin Station Road in the City of Mississauga. Upon police arrival on the scene, they observed a Toyota Matrix, which had collided with a concrete hydro poll on the south side of Carrie Parkway. The two male victims were outside the vehicle, were laying on the ground, and the female driver, Ms J. was belted and unconscious in the vehicle. Ultimately fire services were called. They took approximately 45 minutes to extract Ms J. from the vehicle. Independent witnesses placed Ms J. travelling at a speed in excess of the 50 kilometre posted speed limit on Carrie Parkway in an eastbound direction. Prior to the accident, both passengers in the vehicle had asked Ms J. to slow down. Ms J. continued to travel at a rate of speed above the posted speed limit. Ultimately, she came to the intersection of Carrie Parkway and Erin Station. At this point in time, both passengers say that the car became airbourne. Ms J. lost control of the vehicle, the vehicle turned 180 degrees, and ultimately hit the south cement hydro poll on the driver's side of the vehicle on the opposite side of the intersection. Ms J. was taken to St. Michael's Hospital by ambulance. She received staples in her head to close the wound and also had knee and leg injuries, which required surgery. The rear passenger [the complainant] was taken to Trillium Hospital by ambulance with a fractured neck. And the front passenger was taken to Trillium Hospital where he was treated and released with minor injuries. Ultimately on January the 19, 2008, Ms J. attended at 11 Division Peel Regional Police and was arrested for the charge of dangerous driving. Those are the facts, Your Honour.
¶ 18 THE COURT: Are those facts admitted?
¶ 19 MR PENNEY: Yes, Your Honour, but I would like to say the following. Ms J. has no recollection of the accident. I understand that amnesia in these circumstances is not uncommon. Unfortunately, her memory has not returned. She's not in the position to specifically admit the facts from her memory, but she has reviewed, Your Honour, the Crown's brief in its entirety. Disclosure was made over the course of a number of months. She is in a position to admit the facts on the basis that the Crown would have been able to prove these facts. There are detail statements from each of the witnesses, and she would not be in a position to contest any of these facts in a meaningful manner. I ask that Your Honour find her guilty of unlawfully causing bodily harm.
¶ 20 THE COURT: All right, given the admission and the plea there will be a finding of guilt on the charge pleaded to. Now no record alleged by the Crown?
¶ 21 CROWN: No, there is no record.
¶ 22 THE COURT: All right. Do you wish to deal with sentence today?
¶ 23 MR PENNEY: Yes, we do, Your Honour.
¶ 24 THE COURT: All right. /p>
[At this time, counsel made submissions regarding sentence.]
¶ 25 In the circumstances, given the position taken by the parties and jointly put to me, there will be a conditional discharge. You will be placed on probation for a period of one year. Conditions of the probation are that you keep the peace and be of good behaviour, report today and thereafter as required by your probation officer. Reside at an addressed approved of by probation, so they know where you are.
¶ 26 CLIENT: Okay.
¶ 27 THE COURT: And do not associate with the persons indicated by Mr. Waite. So, non-association with them for a period of one year, and no driving except for the purposes of travelling directly to and from your place of employment, which you will provide to your probation officer — the address and a schedule of your hours of work. You understand that?
¶ 28 CLIENT: Yes.
Crown: C. Waite, Office of the Crown Attorney, Brampton
Defence: Craig Penney, Toronto Careless Driving Lawyer, Brampton
¶ 1 MR PENNEY: So first of all, I'd like to attorn to the jurisdiction on this Information, please, as agent for Ms J., who is not here.
¶ 2 THE COURT: Oh, all right.
¶ 3 MR PENNEY: And what I'm hoping to do, Your Honour, is enter a plea as agent, considering that it is a Highway Traffic Act matter, and have the facts that were admitted to on the 4th of August simply apply to these proceedings. I will then ask Your Honour to make a finding of guilt and to consider the joint submission.
¶ 5 THE COURT: Ms Karim, are you content with that?
¶ 6 CROWN: I am, Your Honour. I just had my colleague confirm with Mr. Waite that that was his position he had taken. And I've confirmed the other details with counsel as well. I'm content with that being done.
¶ 7 THE COURT: All right. Then on the Highway Traffic Act charge under section 130 you're entering a plea of guilty on behalf of your client Ms J.?
¶ 8 MR PENNEY: Yes.
¶ 9 THE COURT: All right. And the facts are those that I heard on the last date in terms of the accident.
¶ 10 CROWN: Yes, Your Honour.
¶ 11 MR PENNEY: Yes, I'm consenting to this specific application of those facts admitted on the 5th of August in 302 Court to this separate proceeding.
¶ 12 THE COURT: Yes.
¶ 13 MR PENNEY: And I'm asking that Your Honour find her guilty on the basis of those facts.
¶ 14 THE COURT: All right. Everyone agrees that would constitute careless driving?
¶ 15 MR PENNEY: Yes, absolutely.
¶ 16 CROWN: Yes, Your Honour.
¶ 17 THE COURT: All right, then, there will be a finding of guilt. As to sentence?
¶ 18 CROWN: It's my understanding that there was a joint submission to be put forward as discussed by Mr. Waite and my friend as a fine to be in the amount of $325.
¶ 20 THE COURT: Is that right, Mr. Penney?
¶ 21 MR PENNEY: That — that is correct, Your Honour.
¶ 22 THE COURT: Does your client need time to pay?
¶ 23 MR PENNEY: Yes, Your Honour, if I could have 90 days, please?
¶ 24 THE COURT: All right, then. There will be a fine of $325, 90 days to pay the fine. Thanks, Mr. Penney.