Toronto Criminal Lawyer

Possession — Toronto Child Pornography Lawyer

Client:  A.B., Accused
Complainant:  Ottawa Police Service
Charge:  possessIon child pornography

The Queen v. A.B.
Ontario Court of Justice, Ottawa
Justice Kreling
(withdrawn: 12 September 2011)

Crown:   M. Collins, Office of the Crown Attorney, Ottawa
Defence:  Craig Penney, Criminal Defence Lawyer, Ottawa

¶ 1  CLERK:  Yes?

¶ 2  AGENT:  Good morning, Your Worship. Good morning, Madam Clerk.

¶ 3  THE COURT:  Good morning.

¶ 4  AGENT:  Khoury, initial M., for the record. I have a line number, 259, Mr. B. This is Craig Penney's matter. I'll appear as designate for his client. I have an e-mail from Mr. Wightman that he is agreeing to withdraw the charges at this time.

¶ 5  CROWN:  That is correct. Mr. Wightman has indicated he was going to withdraw the charges. There are a couple of comments I'd like to be on the record, though, at this time.

¶ 6  THE COURT:  Go ahead.

¶ 7  CROWN:  Firstly, the Crown would have significant difficulty proving knowledge and control at trial. His image is found in an allocated space and there were a number of different users who had access to the computer. The second comment, the Sexual Behaviours Report prepared by Doctor Witt, indicates that Mr. B. is a very low risk to re-offend. Withdraw the charges, please, Your Worship.

¶ 8  THE COURT:  The matter regarding Mr. B. is withdrawn at the request of the Crown.

¶ 9  AGENT:  That's all I have, Your Worship.

¶ 10  THE COURT:  Thank you.