Crown:  M. Rumble, Assistant Crown Attorney, Newmarket
Defence:  Craig Penney, Toronto Criminal Lawyer

¶ 1  MR PENNEY:  My friend will see an endorsement with respect to the sexual assault.

¶ 2  CROWN:  Yes. I'm asking that the sexual assault count be marked "withdrawn" for no reasonable prospect of conviction.

¶ 3   THE COURT:  That count will be marked withdrawn at the request of the Crown.

¶ 4  MR PENNEY:  Thank you, so much. Your Honour...

¶ 5  THE COURT:  Counsel's name again — I'm sorry, I didn't catch it.

¶ 6  MR PENNEY:  Penney, P-E-N-N-E-Y, initial "C."

¶ 7  THE COURT:  Thank you. Go ahead.

¶ 8   MR PENNEY:  We are going to be setting a trial date on this, Your Honour, today, and we're also going to be varying the bail. The surety is here. The endorsement is on the brief. I'm content to do it all up in 201, or attempt to do the bail variation here. I'm in Your Honour's hands. I know they're not too busy in 201 — I checked with the clerk before I came down here.

¶ 9  THE COURT:  We are going to traverse it to 201, as long as, there is clear instructions on the Crown brief.

¶ 10  CROWN:  Yes.

Crown:  D. Miller, Assistant Crown Attorney, Newmarket
Defence:  Craig Penney, Toronto Domestic Lawyer

¶ 1  THE COURT:  What is it that you wish to do?

¶ 2  CROWN:  This is to be resolved by way of a common-law peace bond.

¶ 3  THE COURT:  Thank you. What are the conditions?

¶ 4  CROWN:  A period of six months, five hundred dollar recognizance, no deposit, no surety, with the condition to keep the peace and be of good behaviour, and not to possess any weapons.

¶ 4  THE COURT:  Okay, thank you. Take a seat, sir. Once these are signed, you are free to go.

[Other matters are dealt with at this time.]

¶ 5  MR PENNEY:  Your Honour, the bond has been signed.

¶ 6  THE COURT:  Yes, thank you.

¶ 7  MR PENNEY:  Ms Miller, the charge?

¶ 8  THE COURT:  The charge is withdrawn.