Crown: M. Dionne, Assistant Crown Attorney, Newmarket
Defence: Craig Penney, Toronto Criminal Defence Lawyer, Newmarket
¶ 1 CROWN: We have a resolution to the B.S. matter that involves a plea to a different offence.
¶ 2 THE COURT: All right.
¶ 3 MR PENNEY: Good morning Your Honour. Penney, initial "C."
¶ 4 THE COURT: Yes, Mr Penney.
¶ 5 MR PENNEY: Mr. S., can you come forward and stand there. That's good.
¶ 6 CROWN: He could be arraigned, Madam Clerk.
¶ 7 THE COURT: Mr. Penney, this is an informed plea?
¶ 8 MR PENNEY: Yes, Your Honour.
¶ 9 THE COURT: I just need a "yes" or "no" answer. Thank you.
¶ 10 MR PENNEY: Yes.
¶ 11 THE COURT: All right. We'll have an arraignment then on the new charge before the Court.
¶ 12 CLERK: Mr. S. stands charged on or about the 2nd day of July, 2010, at the Town of Markham, did commit the offence of careless driving contrary to the Highway Traffic Act section 130. How do you plead to the charge as read, guilty or not guilty?
¶ 13 B.S.: Guilty, Your Honour.
¶ 14 THE COURT: All right.
¶ 15 CROWN: We're going to ask you to take into account the evidence called thus far at trial, Your Honour.
¶ 16 THE COURT: All right.
¶ 17 CROWN: And should you make a finding, we'll have a joint submission for your consideration.
¶ 18 MR PENNEY: Yes. I'm asking, Your Honour, to apply those facts...
¶ 19 THE COURT: Thank you.
¶ 20 MR PENNEY: ...to this hearing and to find him guilty based upon those facts...
¶ 21 THE COURT: All right.
¶ 22 MR PENNEY: ...disclosed on January the 14th, 2011.
¶ 23 THE COURT: Thank you. Would you stand up please, sir? Yes, on that admission, there will be a conviction entered on the count of careless driving. Thank you. And I'll hear submissions.
¶ 24 CROWN: Yes, Your Honour. There is a joint recommendation for a $600 fine, for a period of probation of 12 months and my friend has an appendix of terms.
¶ 25 MR PENNEY: I'm handing it to the Clerk, Your Honour, for your consideration. There's an Appendix A.
¶ 26 CROWN: I'll simply read those into the record: that he keep the peace and be of good behaviour; that he not operate or have care and control of any motor vehicle with a blood alcohol level exceeding zero milligrams of alcohol in 100 millilitres of blood; that he not operate or have care and control of any motor vehicle between the hours of nine p.m. and five a.m.; that he consent to and provide samples of his breath into an approved screening device at the request of any police officer who finds him operating or in care and control of a motor vehicle; that he carry a copy of this probation order with him at all times when operating a motor vehicle and produce the same if requested by a police officer; that he report to a probation officer and within the first three months, register and commence the Substance Abuse Treatment and Educational Program know as STEP at his cost and provide the results of successful completion to his probation officer.
¶ 27 THE COURT: Thank you. All right, then. Mr Penney, just to backtrack, you're waiving any time irregularity with respect to this matter?
¶ 28 MR PENNEY: Yes, Your Honour.
¶ 29 THE COURT: Thank you.
¶ 30 CROWN: I'm content to ask that the criminal proceedings be struck, Your Honour.
¶ 31 THE COURT: All right.
¶ 32 CROWN: And that the charges then be marked withdrawn.
¶ 33 THE COURT: Are you content?
¶ 34 MR PENNEY: I'm content with that, Your Honour.
¶ 35 THE COURT: All right. So, the proceedings then with respect to Mr. S., which were commenced on January 14th of this year, the plea and the subsequent proceedings are struck and the charges are withdrawn at the request of the Crown. Thank you. And I'll hear from you, Mr Penney. [At this time, submissions were made.]
¶ 36 THE COURT: All right. Thank you. Yes, I agree with the proposal that has been put forward, Mr. S. On that basis, I'm imposing a fine in the amount of $600. You'll be given 90 days to pay. Further, you'll be subject to a Provincial Offences Act probation order for 12 months. The terms are keep the peace and be of good behaviour. You're not to operate or have the care and control of any motor vehicle with any blood alcohol in your system. You're not to have the care or control of any motor vehicle between the hours of nine p.m. and five a.m. You are to consent to and provide samples of your breath into an approved screening device at the request of any police officer who finds you operating or in care or control of a motor vehicle. You'll carry a copy of this probation order with you at all times while you are operating a motor vehicle and you'll produce the document if requested to do so by a police officer. You're to report to a probation officer today and thereafter as required. And within the first three months of this Order, you are to register and commence the Substance Abuse Treatment and Educational Program at your own cost and you're to provide results of successful completion of that program to your probation officer.
¶ 37 Thank you.
¶ 38 There will be a Victim Fine Surcharge over and above the $600 fine, sir.
¶ 39 Thank you.
