Toronto Criminal Lawyer

Indecent Act — Toronto Sexual Assault Lawyer

Client:  P.C., Accused
Complainant:  adult female
Charges:  indecent act and criminal harassment

The Queen v. P.C.
Ontario Court of Justice, Toronto
Justice Wolski
(peace bond: 6 June 2012)

Crown:  D. Brandes, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Ontario Sex Crimes Lawyer, Toronto

¶ 1   THE COURT:  All right. What is happening?

¶ 2   CROWN:  Your Honour, I've brought a new Information before the Court that I laid under section 810 of the Criminal Code. And if I could then make some comments, give you some of the background here, I'm gonna be asking that P.C. enter into a bond for a period of 12 months, $500, no deposit and the conditions that we're seeking...

¶ 3   THE COURT:  Just a moment. Does P.C. waive any limitation issues with regard to the swearing of a bond if it is out of time.

¶ 4   MR PENNEY:  Yes.

¶ 5   THE COURT:  Does he need to have the Information read to him?

¶ 6   MR PENNEY:  No, he does not.

¶ 7   THE COURT:  Does he wish to show cause?

¶ 8   MR PENNEY:  No, Your Honour, he does not.

¶ 9   THE COURT:  Now go ahead Mr. Brandes.

¶ 10   CROWN:  Thank you very much, Your Honour, I appreciate it. What I'm asking in terms of conditions, Sir, is that he have no contact or communication directly or indirectly with the complainant and not to be within 100 meters of her address for a period of 12 months. This is a matter, Your Honour, that began back in June of 2011. That was when the allegation arose. This young man, who is approximately 20 years of age, was arrested in August of that year. He has, since the arrest, undertaken a very considerable course of therapy under the care of Dr. Julian Gojer. And after approximately 52 sessions and a very comprehensive report prepared by Dr. Gojer, in which Dr. Gojer indicates that P.C. poses a very low risk at the moment and in the future, the crown is of the view that this is the appropriate resolution to this matter. The allegation was obviously a disturbing one. The charges were indecent act and criminal harassment; they related to this particular complainant. I'm not gonna flush out all of the allegations, so to speak.

¶ 11   THE COURT:  All right.

¶ 12   CROWN:  But suffice it to say, Your Honour, it's the Crown's view that P.C.'s work over the last year with Dr. Gojer is far more comprehensive in terms of dealing with the underlying issue, than anything that he would have obtained by way of a probation order, had this matter been dealt with in that fashion. But I can also indicate that Dr. Gojer's professional opinion with respect to P.C.'s risk is one of the factors that the Crown has taken into account significantly in dealing with this matter in this fashion. So those are the submissions that I'm making on this matter and I'll let my friend add if he'd like to.

¶ 13   THE COURT:  This is a joint position for the peace bond, is it counsel, on the terms that are acceptable to you and your client?

¶ 14   MR PENNEY:  Yes, Your Honour.

¶ 15   THE COURT:  So ordered. Just make sure the clerk has his current address and when the bond is ready for his signature we will call him forward. The charges I gather under the Criminal Code are withdrawn?

¶ 16   CROWN:  Once he signs the bond, yes sir, they are.