Weapons Dangerous Criminal Lawyer

Assault with Weapon — Toronto Criminal Defence Lawyer

Client:  R.K., Accused
Complainant:  his co-worker
Charges:  assault with weapon, assault bodily harm, weapons dangerous

The Queen v. R.K.
Ontario Court of Justice, Toronto
Judge Marshall
(peace bond: 18 October 2006)

Crown:  P. Leishman, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Toronto Criminal Defense Attorney

¶ 1  THE COURT:  The R.K. matter is a Peace Bond?

¶ 2  MR PENNEY:  Yes, Your Honour. That's — we had a judicial pre-trial on the last date with Ms Boyd.

[Submissions as to procedure were made.]

¶ 3  MR PENNEY:  It's within time, Your Honour.

¶ 4  THE COURT:  Okay. It was sworn October 11th. Okay? Okay Mr. Leishman?

¶ 5  CROWN:  Yes.

¶ 6  THE COURT:  Alright, usual terms? Is there any need for contact, Mr. Penney?

¶ 7  MR PENNEY:  None, Your Honour. I'm waiving the reading of the election. He...

¶ 8  THE COURT:  Okay.

¶ 9  MR PENNEY:  ...doesn't wish to show cause. We're admitting, Your Honour, that there's reasonable grounds for you to make the Order.

¶ 10  THE COURT:  Okay.

¶ 11  CROWN:  ...Twelve months...

¶ 12  THE COURT:  Thank you. Five hundred dollars, twelve months without surety or deposit, keep the peace, be of good behaviour, no contact with [the complainant]. Is that it?

¶ 13  MR PENNEY:  Yes. The person named in the Information.

¶ 14  CROWN:  Is there to be a no weapons condition? This is a matter that was pre-tried before Your Honour back in September with my colleague, Ms Boyd, and I'm just trying to determine whether that was considered.

¶ 15  MR PENNEY:  We didn't specifically discuss that, Your Honour, these...

¶ 16  THE COURT:  Well.

¶ 17  MR PENNEY:  I have no — I have no objection.

¶ 18  CROWN:  Yeah, there was allegedly a knife involved.

¶ 19  THE COURT:  Okay. Possess no weapons. Okay, once that is — was there a trial date set, counsel?

¶ 20  MR PENNEY:  No, Your Honour.

¶ 21  THE COURT:  Okay, once the bond is signed, I guess the Crown's asking the charge be withdrawn?

¶ 22  CROWN:  Well, I should say for the record, Your Honour knows this having pre-tried it, this is not a matter that normally is resolved by way of an 810 but there was particular circumstances that Ms Boyd was allerted to...

¶ 23  MR PENNEY:  Yes.

¶ 24  THE COURT:  Okay

¶ 25  CROWN:  ...and the matter was looked at carefully.

¶ 26  MR PENNEY:  Well, Your...

¶ 27  THE COURT:  Okay. Fair enough. And I'm sure Mr. K. never wants to come back before the Court again.

¶ 28  MR PENNEY:  Yes. I'd — I'd ask my friend, since we're close to shutting down, just to withdraw the charges. The Bond is ordered, if he doesn't sign it, Your Honour can —

¶ 29  THE COURT:  Yeah. I was just about to say, once it's signed, is it okay for the Clerk to withdraw, Mr. Leishman?

¶ 30  CROWN:  That's correct, yes.

¶ 31  THE COURT:  Okay, done.