Toronto Indecent Act Criminal Lawyer

Voyeurism — Criminal Defence Lawyer

Client:  D.H., Accused
Complainant:  staff at the coffee shop
Charge:  voyeurism (15x)

The Queen v. D.H.
Ontario Court of Justice, Toronto
Judge Favret
(stayed: 26 May 2021)

Crown:  D. Brandes, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1   THE COURT: All right, go ahead. Mr. Penney's matter. Who's your client, sir?

¶ 2  MR. PENNEY: Good morning, Your Honour. Mr. D.H. at 27 and following on the K list, Your Honour.

¶ 3  THE COURT: Thank you.

¶ 4  MR. PENNEY: And just for the last....

¶ 5  THE COURT: Just spell last name...

¶ 6  MR. PENNEY: Just....

¶ 7  THE COURT: ...please, Mr. Penney.

¶ 8  MR. PENNEY: P-E-N-N-E-Y, initial C., for the record. And Mr. D.H. is on....

¶ 9  THE COURT: He's on the docket.

¶ 10  MR. PENNEY: ...[indiscernible], Your Honour.

¶ 11  THE COURT: Don't worry. He's on the docket. All right, I see him here. It's Justice Favret speaking, Mr. D.H. All right, yes. What's happening with your client's matter today, Mr. Penney?

¶ 12  CROWN: Your Honour, if I may, I'm sorry...

¶ 13  THE COURT: Yes.

¶ 14  CROWN: interrupt, but Mr. Penney's client's gonna be having his charges stayed today. It's Daniel Brandes speaking for the provincial Crown. Mr. D.H. came to be charged with a series of offences, and obviously you can see from the docket, the nature of those offences. I can tell Your Honour that Mr. D.H. has undertaken a considerable program to address the underlying issues that lead to these charges ultimately being laid. I think it's fair to say that in normal circumstances, but for the global pandemic and the issues that have arisen, this may have gone a little bit differently, but ultimately I think it's also fair to say that Mr. D.H. has taken very considerable steps to address those issues. I'm not gonna explain all of them on the record, but suffice it...

¶ 15  THE COURT: Yes.

¶ 16  CROWN: say that it's been about 20 months since the charges arose, and he has engaged in about every possible modality of treatment that a person could engage in. In the circumstances, I'm satisfied that the requirements of he diversion program have been successfully met, and on that basis, I will ask that the charges against him be stayed, please.

¶ 17  THE COURT: All right. Madam Clerk, you'll note on the Information that at the direction of the Crown, pursuant to Section 579.1 - is that right, Mr. Brandes? That's the section? Or 579?

¶ 18  CROWN: I'm sorry, Your Honour. I haven't dusted off my Code in a little bit.

¶ 19  THE COURT: Okay.

¶ 20  CROWN: But I just need a moment of your indulgence.

¶ 21  THE COURT: So I think it's, it's one of the two. I think it's 579.

¶ 22  CROWN: Yeah, I think you're probably right about that, Your Honour, but I haven't had...

¶ 23  THE COURT: Right.

¶ 24  CROWN: ...[indiscernible].

¶ 25  THE COURT: So pursuant to section 5 - Mr. Penney, you agree it's 579?

¶ 26  MR. PENNEY: My, my recollection is 579, Your Honour. Not 579.1.

¶ 27  THE COURT: Yeah, it's 579. Sorry, I just read the - well, 579.1 is also a stay section, but in any event, 579, it's .001 - so just be a straight number. Ah no, 579. Mr. Penney, thank you so much. Pursuant to Section 579, note on the information a stay entered by the provincial Crown pursuant to Section 579 of the Criminal Code. Thank you, Mr. D.H. That concludes your matter. Mr. Penney, thank you.

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

¶ 29  D.H.: Thank you, Your Honour.

¶ 30  CROWN: Thank you.