Crown:  C. Finley, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1   MR PENNEY:  I can remind my friend this is a matter where on the last day he was in the hospital and I provided a letter from the psychiatrist. Your Honour, he's done number of months of counselling with respect to the circumstances that gave rise to the charge itself but, now, we're at a place where the proceedings themselves are causing some obsessional thoughts and he had a breakdown; and right now, he's on a day program through CAMH but he is still recovering.

¶ 2  CROWN:  So, just for Your Honour's benefit, this incident for which he was charged was in October of 2015 and there was some suggestion that he was — had a cellular device in his hand, that he watching pornographic images on. And so, at the time, he — some suggestion that he was masturbating while in public in front of 6** U** Avenue. As Mr Penney has advised, Your Honour, he was in the hospital and has been in the hospital, he says, in the last three months and he has been taking counselling and he — they have been doing some education for him as well as the treatment and as Mr Penney also has indicated, this is causing more stress than benefit. And so, on that basis, I'm gonna ask that the charges be marked withdrawn today, because it appears as though they're managing at CAMH.

¶ 3  COURT:  Okay, all right. So, we'll note the charges withdrawn or charge.