Toronto Child Pornography Lawyer

Accessing Child Pornography — Criminal Lawyer

Client:  C.B., Accused
Complainant:  Toronto Police Service Sex Crimes Unit, Child Exploitation Section
Charge:  accessing child pornography

The Queen v. C.B.
Ontario Court of Justice, Toronto
Judge Oleskiw
(withdrawn: 16 February 2016)

Crown:  D. Scott, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Computer Crimes Lawyer, Toronto

¶ 1  CROWN:  Good morning, Your Honour, it's Scott, initial 'D', for the Provincial Crown, I'm here on a matter by the name of Mr. B., it's an add-on to your list, it was a bring forward matter.

¶ 2  THE COURT:  Okay.

¶ 3  MR PENNEY:  Good morning, Your Honour.

¶ 4  CROWN:  Counsel is here.

¶ 5  MR PENNEY:  It's Penney, initial, 'C', appearing, consenting to the matter being brought forward and attorning to the jurisdiction and appearing as designated counsel, please.

¶ 6  CROWN:  Okay, so this matter was set for a trial, a five-day trial, which was then reduced down to three days. I was ...

[Other matters are addressed.]

¶ 7  CROWN:  I was just recently assigned the matter and when I reviewed the matter in its entirety I came to the conclusion that there was no reasonable prospect of conviction. This is a matter, given the nature of the charges, where there was a lot of forensic evidence that had to be reviewed and obtained, that took some time and initially there was another Crown who was assigned, but unfortunately he has been off ill, so it was a bit of a turnaround time before someone could take a hard look at the case. There was always reasonable and probable grounds to arrest Mr. B., but in the end the Crown is not in a position to proceed and I'd ask that the charges be marked withdrawn. I did notify the trial coordinator last week of the dates being vacated and then I'd ask Madam Clerk to mark them withdrawn at the request of the Crown.

¶ 8  THE COURT:  And when was the trial date scheduled?

¶ 9  CROWN:  February 29th and I have March 1st, 2nd and I believe the 3rd and 4th were vacated some time ago.

¶ 10  THE COURT:  Okay, if you could just maybe go and advise the trial coordinator.

¶ 11  CROWN:  I will.