Crown: C. Ponesse, Crown Attorney, Toronto
Defence: Craig Penney, Criminal Defence Lawyer, Toronto
¶ 1 COURT: Well, it appears that you have learned from your behaviour on November the 21st, literally a year ago almost to the day. What you did, V.K., was despicable. You invaded this woman's personal privacy, her sexual integrity. You did it in a very public manner and, reading from her victim impact statement which, quite frankly, is very measured, you have impacted her life. She is — she is fearful. She is nervous when goes up escalators or when she is in public areas. That is all because of your actions.
¶ 2 Now, having said that, you did take this matter very seriously. You immediately engaged in counselling, significant counselling, to try and figure out why you would behave in such a perverse manner. You went through therapy with one doctor or psychologist, and then engaged in further group therapy with Dr. Gojer. According to Dr. Gojer, he is of the view that no further treatment is indicated but you will see Dr. Gojer periodically to follow up. In my view, this demonstrates that you have insight into your behaviour, that you do take it seriously and that you want to ensure that this type of behaviour does not repeat itself in the future.
¶ 3 You are 27 years old. You are clearly very bright. You are at York University. You are achieving good grades. You worked throughout the year in order to pay for what I am sure was not inexpensive counselling. You have not told your family because you wanted to spare them the embarrassment and shame of your behaviour. At some point hopefully you will be honest with your family members, that you have had this slip in your life. That is between you and your family. You know your relationship with your family better than anyone else. So that is really going to be up to you.
¶ 4 In all of the circumstances, I have a joint submission before me which initially sounded lenient given your behaviour and the necessity of ensuring that there is adequate denunciation for that behaviour. However in my view, given what you have done, the joint submission is entirely appropriate and you will be granted an absolute discharge and pay the victim fine surcharge. You can have six months to pay.
¶ 5 All right. No further orders are made. I see the forfeiture, it requires the signature of V.K. and his counsel. It does not look like it is — that I need to — and that is according to the order that has been made. I am happy to sign anything. It should be — the BlackBerry should be forfeited to Toronto Police Services. It should be destroyed and I am thankful that Mr Penney put on the record that all of the disclosure that was provided to V.K. has been returned to Toronto Police Services and can be destroyed. I am sure that will give great comfort to the complainant.
¶ 6 As well, the section 810 peace bond, you will sign that, sir, you are ordered to not have any contact, directly or indirectly, with the named victim in this matter. You are not to be in possession of any weapons as defined by the Criminal Code and you will keep the peace and be of good behaviour. That is for 12 months, $500 no deposit, no surety.
[After further submissions, and a short break.]
¶ 7 MR PENNEY: Thank you, Your Honour. Thank you. Oh, the peace bond's been signed.
¶ 8 CROWN: If I might ask that the remaining charges in this matter be marked withdrawn, please.
¶ 9 THE COURT: Yes, all the remaining charges, V.K., are marked withdrawn against you.
