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¶ 21 THE COURT: Okay, once the bond is signed, I guess the Crown's asking the charge be withdrawn?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