Crown: N. Krigas, Assistant Crown Attorney, Toronto
Defence: Craig Penney, GTA Sexual Assault Lawyer, Toronto
¶ 1 CROWN: It's Nancy Krigas for the Crown. I'm addressing a matter that's been added to your list, Mr. W., and Mr Penney is here.
¶ 2 MR PENNEY: Good morning, Your Honour. Penney, Initial "C."
¶ 3 THE COURT: Yes, good morning Mr Penney.
¶ 4 MR PENNEY: Appearing by way of designation, please?
¶ 5 THE COURT: Yes.
¶ 6 CROWN: Your Honour, Mr. W. is charged with a sexual assault. His trial is set for November the 13th to the 15th for three days in 508 court.
¶ 7 MR PENNEY: Yes.
¶ 8 CROWN: After some careful review by my colleague, Ms Crawford, who's watched the video statement of the complainant and has, has had extensive conversations with Mr Penney, who we appreciate his, his candour in this, after consultation with myself and counsel, we're in a position to withdraw these, this charge due to the fact that we have no reasonable prospect of conviction, Your Honour.
¶9 THE COURT: All right.
¶ 10 CROWN: The complainant has been spoken to and is advised of our position.
¶ 11 THE COURT: All right. Thank you very much. The charge will be noted withdrawn for the reasons indicated by Crown counsel. Thank you, Mr Penney.