Toronto Criminal Lawyer

Possess Child Pornography — Toronto Defence Lawyer

Client:  M.S., Accused
Complainant:  Toronto Police Service, Child Exploitation Unit
Charges:  possess and access child pornography

The Queen v. M.S.
Ontario Court of Justice, Toronto
Judge Caldwell
(stayed: 16 April 2012)

Crown:   B. Bennett, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Child Pornography Lawyer, Toronto

¶ 1  CROWN:  This is a matter, Your Honour, that I have been assigned to. Mr. S. came to the attention of the police as part of a wider investigation into child pornography. A search warrant was executed at his residence. The particular items that the police anticipated they would find there were a number of videos and DVDs. Those were not located. There was not any found. There had been a computer; some computers were seized. They have not yet been examined. However, there's a very significant backlog with in the tech department and the accused is maintaining that there won't be anything on those computers. In light of the delay in getting the matters examined, I'm going to ask that these charges be stayed at this point in time. Should there be child pornography located on the computers, matters will change. But at the present time, I'm asking that these charges be stayed.

¶ 2  THE COURT:  All right. So I will note the matter as stayed.

¶ 3  CROWN:  Yes.

¶ 4  MR PENNEY:  And no submissions.

¶ 5  CROWN:  Thank you.

¶ 6  THE COURT:  That is fine.

¶ 7   MR PENNEY:  Thank you.