Toronto Criminal Lawyer

Sexual Interference — Toronto Sexual Assault Lawyer

Client:  D.P., Accused
Complainant:  his granddaughter
Charges:  sexual assault and sexual interference

The Queen v. D.P.
Ontario Court of Justice, Brampton
Judge Blacklock
(810.1 Recognizance: 15 December 2006)

Crown:  M. Stevens, Assistant Crown Attorney, Brampton
Defence:  Craig Penney, Toronto Criminal Defence, Brampton

¶ 1  MR PENNEY:  Your Honour, I can indicate that both D.P. and I were present in Court when the information, the 810 information, was sworn. We do not wish to show cause. D.P. concedes that the officer has that fear and that the fear is reasonably based.

¶ 2   THE COURT:  Okay.

¶ 3  MR PENNEY:  He does not wish to show cause.

¶ 4  THE COURT:  All right, thank you. Ms Stevens, is there anything in addition — I understand you're seeking — I understand you and counsel have discussed it. You're both in agreement that I ought to make the order and you've given me, as Appendix "A," typed out terms that you would like me to impose. Is there anything in addition you would to put on the record at this time?

¶ 5   CROWN:  I can indicate that in the circumstances of the complainant, [his granddaughter], that she's an individual who has particular medical issues and a trial would've been difficult, as well as there are other personal issues which would have complicated her life in the way that would not have been in the public's interest, and this is the way to proceed. Her father is agreeable with the 810.1.

¶ 6  THE COURT:  Okay, thank you. Would you stand up for a minute, sir?

¶ 7  D.P.:  Sure.

¶ 8  THE COURT:  Given the position of both parties with respect to this case, urging me to deal with it by imposing a Recognizance pursuant to Section 810.1 of the Criminal Code on certain terms, I'm satisfied that it's an appropriate case to do so...

¶ 9  D.P.:  Thank you.

¶ 10  THE COURT:  ...and I will do so. I am going to order you to enter into a Recognizance which will be 12 months in duration. It will be — is it in the amount of $500.

¶ 11  CROWN:  Yes.

¶ 12  THE COURT:  No deposit, no surety?

¶ 13  CROWN:  Correct.

¶ 14  THE COURT:  The terms will be — now, does this include a term in addition to the ones you've set out in your Appendix, that to keep the peace and be of good behaviour? I guess that implicit in the Recognizance, is it?

¶ 15  CROWN:  Yes, that, I think is — the — the keep the peace is always...

¶ 16  THE COURT:  You don't have any objection to that?

¶ 17  MR PENNEY:  No, no, Your Honour.

¶ 18  THE COURT:  There will be a term that he keep the peace and be of good behaviour. In addition, he will not communicate with persons under the age of 14 years, using a computer system within the meaning of subsection 342.1(2) except telephones for verbal communication. Two, he will not engage in any activity — and Madam Clerk, just so you know, I'm going to give you the typed sheet, okay?

¶ 19  CLERK:  Okay.

¶ 20  THE COURT:  Not to engage in any activity that involves contact with any person under the age of 14 years of age, except in the presence of an adult over the age of 21 years of age. Clause three, not to attend a public park or public swimming area where persons under the age of 14 years are present or can reasonably be excepted to be present or a daycare centre, school ground, playground or community centre, except in the company of [your wife or daughter]. Number four, not to contact or communicate with [his granddaughter] except in the presence of a family member over the age of 21 years of age. Clause five, continue counselling and treatment with Dr. Timothy Quek and Dr. Martin Catsman or their designates as they direct. Upon entering into the Recognizance in accordance with those terms, I take it it's your request that I withdraw the current allegations before the Criminal Court Ms Stevens?

¶ 21  CROWN:  That's correct — the information relating to interference on July 16th, 2000.

¶ 22  THE COURT:  Okay, great. Madam Clerk, if I'll — I'll give you those documents. You can make up the order. There'll be an order for you to sign, sir, in a few minutes. Just have a seat in the body of the Court and we will come back to your case.

[At this time, unrelated matters were dealt with.]

¶ 23  CROWN:  Your Honour, I understand that counsel's here on the Section 810.1 peace bond.

¶ 24  THE COURT:  Yes.

¶ 25  MR PENNEY:  Yes, that's been executed, Your Honour. The clerk indicated that you would like to address D.P. one last time.

¶ 26  THE COURT:  Just come forward, sir.

¶ 27  MR PENNEY:  Please come forward, D.P..

¶ 28  THE COURT:  Sir, you've now read the terms which I imposed?

¶ 29  D.P.:  Yes, sir.

¶ 30  THE COURT:  And you've read the order?

¶ 31  D.P.:  Yes, sir.

¶ 32  THE COURT:  And you understand the terms?

¶ 33  D.P.:  Yes, sir.

¶ 34  THE COURT:  Okay. It's very important that you strictly adhere to all those terms...

¶ 35  D.P.:  I understand, sir.

¶ 36  THE COURT:  ... because notwithstanding the fact that the charges currently before the Court will be withdrawn against you ... should you breach any of those terms, you can be charged with the offence of breaching that peace bond.

¶ 37  D.P.:  No, I understand.

¶ 38  THE COURT:  That's a new offence and you can be brought back before the Court. So you understand all that?

¶ 39  D.P.:  Absolutely.

¶ 40  THE COURT:  Thank you, sir. The charge now will be marked as withdrawn, Ms Simitsis, that's currently before the Court and you're all free to go.