Toronto Criminal Lawyer

Sexual Interference — Toronto Sexual Assault Lawyer

Client:  D.P., Accused
Complainant:  his teenaged daughter
Charges:  sexual assault, interference (2x), exploitation, and invitation to sexual touching

The Queen v. D.P.
Ontario Court of Justice, Cobourg
Judge Morgan
(withdrawn: 20 February 2007)

Crown:  N. Rae, Assistant Crown Attorney, Cobourg
Defence:  Craig Penney, Toronto Criminal Defence, Cobourg

¶ 1  MR PENNEY:  Good morning, Your Honour. Penney, initial "C", appearing for D.P..

¶ 2   THE COURT:  Yes, Mr Penney.

¶ 3   CROWN:  Your Honour, this is a matter in which the complainant in this case provided an initial statement to the investigating officers and thereafter the charges were laid. As I understand the matter, she provided a second statement to the investigating officer and the content of that second statement was such that she indicated the original allegations made to the officer causing the charges to be laid were, in fact, lies and in her second statement she confirmed that the incidents first described did not, in fact, happen.

¶ 4  Given the position of the complainant and that recantation it is the Crown's position today there is no reasonable prospect of conviction in this matter and that the second statement, in light of the first statement, would certainly raise a reasonable doubt in the Court's mind in any event, and I would ask that the charges be noted withdrawn for those reasons.

¶ 5  THE COURT:  Mr Penney.

¶ 6  MR PENNEY:  Nothing to add, Your Honour.

¶ 7  THE COURT:  Well, you are off to a good start today, Mr Penney.

¶ 8  MR PENNEY:  Yes.

¶ 9  THE COURT:  The charge is marked withdrawn at the request of the Crown.