Toronto Indecent Act Criminal Lawyer

Indecent Act — Voyeurism and Indecent Act Lawyer

Client:  M.X., Accused
Complainant:  women on the street
Charges:  indecent act (nude and exposed to public)

The Queen v. M.X.
Ontario Court of Justice, Newmarket
Judge Kenkel
(withdrawn: 4 December 2017)

Crown:  K. Pitt, Assistant Crown Attorney, Newmarket
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1   MR PENNEY:  P-E-N-N-E-Y, initial C. This is Mr. X. And there are two I'll explain what's happening, Your Honour. There are six charges, two Informations.

¶ 2   THE COURT:  Yeah.

¶ 3   MR PENNEY:  The proposal is, he is to sign a peace bond with respect to the allegations on the first, on a Section 810 - he's not going to show cause -with respect to the allegations on the first information, and then the four-count information is going to be adjourned until April, at which time it will be attended to at that time.

¶ 4   CROWN:  That's correct, Your Honour. That is the intention.

¶ 5   THE COURT:  Okay. And do we have the 810?

¶ 6   CLERK:  We do.

¶ 7   THE COURT:  Right. So I understand that he does not wish to show cause with respect to the 810, as to why he shouldn't enter into that recognizance. Are there agreed upon terms and conditions?

¶ 8   CROWN:  Yes, Your Honour. The intention is for him to enter into a 12-month bond with a $1,000 penal sum, no surety, no deposit. Terms would be in addition to the statutory terms: no contact, directly or indirectly, with C. - it's the usual spelling last name V., not to attend within 100 metres, running on residence, place of education, or place of employment. That'd be the substantive term, Your Honour.

¶ 9   MR PENNEY:  Yes.

¶ 10   THE COURT:  Okay, and that's agreeable?

¶ 11   MR PENNEY:  Yes, Your Honour, it is, and that term was supplied to the....

¶ 12   THE COURT:  All right, so on consent, I'll direct that you enter into a recognizance. That's an agreement between you and the court, in the amount of $1,000, without deposit or surety, so you don't have to deposit or pay a thousand dollars today. You don't need a surety or someone else signing with you to guarantee payment, but if you choose to breach any of the conditions that are, you've been listed by both counsel, you're liable to a penalty of $1,000, in addition to any other punishment. Do you understand that?

¶ 13   CLIENT:  Yes.

¶ 14   THE COURT:  Okay, so for 12 months, you're bound to keep the peace and be of good behaviour. You're not to have contact with the person named by the Crown. You're not to be within a hundred metres of that person's place of residence, employment, or education. And the remaining charges?

¶ 15   CROWN:  Those can be marked no, we're sorry, Your Honour, so....

¶ 16   MR PENNEY:  Some are assault.

¶ 17   THE COURT:  So, certain charges.

¶ 18   MR PENNEY:  So that's the, the two-count information.

¶ 19   CROWN:  That could be marked withdrawn at the request of the Crown.

¶ 20   THE COURT:  Okay.

¶ 21   MR PENNEY:  And there's a four-count information with a promise to appear and an undertaking attached, and if that could be adjourned, please, to Monday, April the 3rd.

¶ 22   CROWN:  And I understand it's with an 11(b) waiver?

¶ 23   MR PENNEY:  Yes...

¶ 24   THE COURT:  Okay.

¶ 25   MR PENNEY:  ...with an 11(b) waiver, thank you.

¶ 26   THE COURT:  And I take it, what's meant to happen, that all goes well in the meantime?

¶ 27   MR PENNEY:  We, we expect the charge to be withdrawn at that time, so I'll put that on the record, just as a final reminder to Mr. X. that he is to behave himself and conduct himself in an admirable way at all times but...

¶ 28   THE COURT:  Right. You have a....

¶ 29   MR PENNEY:  ...just go do your....

¶ 30   THE COURT:  That's why I asked, 'cause you have a I want to make sure you understand that you have a very good opportunity here to have a good result on a set of charges that doesn't always lead to a good result for you. It seems like things are going well. As long as they stay that way till April, that should be fine. If there's any difficulty, though, this whole thing could derail. You understand that, eh? Okay, good luck. So see you Monday, April is it April 3rd, Mr. Penney?

¶ 31   MR PENNEY:  Yes, it is. And I'll just add to what Your Honour said. Your Honour wouldn't be aware, but he's in counselling. There's nothing in the, he found the peace bond that mandates counselling. If you could come up, Mr. X. Because the Crown, Mr. Ventola, and I both felt that the counselling's going to be more effect if it's voluntary, yes, right up above your name. Sir, that signature sure he's seen - have you seen this?

¶ 32   CLIENT:  No.

¶ 33   MR PENNEY:  But there's an anticipation, of course, that he will continue his present counselling to ensure his good conduct now through April.

¶ 34   THE COURT:  So we'll bring it back in this court, Monday, April 3rd, 202, 10:00 a.m., just to be spoken to, and hopefully you can finish it up then.

¶ 35   MR PENNEY:  Thank you so much, Your Honour. Just have a seat there, Mr. X.

¶ 36   CROWN:  Thank you, Your Honour.

...WHEREUPON THESE MATTERS WERE ADJOURNED