Toronto Criminal Lawyer

Indecent Act — Toronto Sexual Assault Lawyer

Client:  P.Y., Accused
Complainant:  female passenger on the bus
Charges:  indecent act

The Queen v. P.Y.
Ontario Court of Justice, Toronto
Judge Taylor
(peace bond: 20 December 2013)

Crown:  L. Schwalm Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Indecent Act Lawyer, Toronto Criminal Defence

¶ 1   THE COURT:  All right. Arraign, then, Mr. Y, please.

¶ 2  CROWN:  And then, once the bond is signed, we're asking the charge be marked withdrawn, please.

¶ 3  CLERK:  P.Y., hereinafter called the defendant, will cause personal injury to or will damage the property of the complainant, on account of a threat made on or about the 17th day of April, 2013, in the City of Toronto, in the words or to the effect following, that is to say by words and/or actions, and therefore pray that the defendant may be ordered into a recognizance, with or without sureties, to keep the peace and be of good behaviour for a period not exceeding 12 months, with the conditions fixed by the Judge or Justice, or committed to prison for a term not exceeding 12 months. If he fails or refuses to enter into recognizance. The Informant also says that he or she does not make this complaint from any malice or ill will, but really for the fear that the aforesaid, pursuant to the Criminal Code, section 810. Do you wish to show cause?

¶ 4  MR PENNEY: We do not wish to show cause, Your Honour.

¶ 5  THE COURT:  And this arises out of an incident involving your client and the complianant on a city bus as I understand.

¶ 6   MR PENNEY:  Yes, it does, Your Honour.

¶ 7   THE COURT:  Alright, P.Y., I am going to order you to keep the peace and be of good behaviour for 12 months from today. You will sign a bond, the legal term is actually a recognizance. It is in the amount of $500.00 without deposit, that means you do not place the cash money to the Court; and it is without a surety, that means you do not have to have anyone sign with you guaranteeing your good behaviour.

¶ 8   The conditions of the bond are you keep the peace and be of good behaviour. You have no contact, directly or indirectly, with the complainant. You are not to own or possess any weapon as defined by the Criminal Code, and you continue to get counselling and treatment from Dr. Timothy Quek. Do you understand the conditions?

¶ 9  CLIENT:  Yes, I do.

¶ 10  THE COURT:  Do you agree to follow them?

¶ 11   CLIENT:  Yes.

¶ 12   THE COURT:  Okay, you should understand, if you wilfully fail to comply with any of those conditions, in addition to being called upon to pay the $500, far more seriously, you may be charged with the criminal offence of Breach of recognizance. As soon as you have signed the bond, the criminal charge will be withdrawn.

¶ 13  MR PENNEY:  Thank you, Your Honour.

¶ 14   THE COURT:  Here is the bond.

¶ 15   CLERK:  The bond has been signed.

¶ 16   THE COURT:  Thank you. Other criminal charges withdrawn?

¶ 17   CROWN:  Yes, sir.