Toronto Indecent Act Criminal Lawyer

Voyeurism — Toronto Sexual Assault Lawyer

Client:  J.K., Accused
Complainant:  a man in the washroom
Charge:  voyeurism (public washroom)

The Queen v. J.K.
Ontario Court of Justice, Toronto
Judge Bovard
(withdrawn: 8 February 2018)

Crown:  V. Hentz, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1   CROWN:  All right, Your Honour, I believe we are now ready to proceed with the J.K. matter at line 23.

¶ 2   THE COURT:  Yes.

¶ 3   CROWN:  There is a peace bond before the court.

¶ 4   THE COURT:  Okay.

¶ 5   MR. PENNEY:  Mr. Clerk, just by of jurisdiction, I think we're inside the six months, but maybe just confirm it, please.

¶ 6   CLERK:  So the, the offence date was October 14th, 2017.

¶ 7   MR. PENNEY:  Okay, so we are good. Okay. If Your Honour will allow me, I will waive the reading of the, of the 810.

¶ 8   THE COURT:  Very well. He does not wish to show cause?

¶ 9   MR. PENNEY:  No, we do not wish to show cause, Your Honour. We are content that, we are content that the peace bond sorry, the 810 be ordered on terms that are going to be suggested jointly by my friend and I right now, and I do have a copy written out for sorry, typed out for the convenience of the clerk and Your Honour.

¶ 10   CROWN:  Yes, Your Honour, I get there is significant history to this matter which has been discussed with my colleague and counsel. A letter of apology and some other documents regarding counselling and reference letters, proof of professional status, has all been provided to my colleague in this matter. We are asking for 12- month peace bond.

¶ 11   THE COURT:  Ms. Hentz, are you relying on the, well, I guess, the particulars that set out in the Information as the basis for the peace bond?

¶ 12   CROWN:  Yes, Your Honour. If you’d like me to read the full facts of the original allegations, I can.

¶ 13   THE COURT:  What is counsel’s agreement in that respect?

¶ 14   MR. PENNEY:  I’m, I’m content for if I, I don’t need them read out, I certainly....

¶ 15   THE COURT:  I just need a basis on which...

¶ 16   MR. PENNEY:  Yeah.

¶ 17   THE COURT:   ...to order the peace bond, so.

¶ 18   MR. PENNEY:  Okay.

¶ 19   CROWN:  If my friend’s content on the wording on the information.

¶ 20   MR. PENNEY:  I’m content on the wording of the information. If Your Honour’s content with the jurisdiction, I am.

¶ 21   THE COURT:  Okay, that’s fine.

¶ 22   MR. PENNEY:  It’s the position of the defence to clear clearly there are grounds for the....

¶ 23   THE COURT:  Okay, very well, then. I see the conditions that you have here. What’s the length of the peace bond that you’re suggesting?

¶ 24   CROWN:  Twelve months please, Your Honour.

¶ 25   THE COURT:  Okay, very well. I will make the order that you request with these conditions. And Mr. Clerk, I’ll give you the written conditions back.

¶ 26   CLERK:  Thank you.

¶ 27   CROWN:  Upon signing into the peace bond, Your Honour, the Crown would ask that the criminal charges against the accused be withdrawn.

¶ 28   THE COURT:  Okay.

¶ 29   MR. PENNEY:  Thank you, Your Honour.

.....

¶ 30   CLERK:  Okay, just give about five minutes for the peace bond.

¶ 31   MR. PENNEY:  That’s fine, thank you.

¶ 32   CLERK:  Thanks.

...WHEREUPON THESE PROCEEDINGS WERE CONCLUDED