Toronto Criminal Lawyer

Fraud Under $5000 — Toronto Criminal Defence Lawyer

Client:  S.V., Accused
Complainants:  four eBay purchasers
Charges & Arrest Warrant:  fraud under $5000 (4x)

The Queen v. S.V.
Ontario Court of Justice, Toronto
Judge Marshall
(withdrawn: 16 December 2011)

Crown:  N. Bailey, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Criminal Arrest Warrant Lawyer, Toronto

¶ 1   CROWN:  Your Honour, as you can see it's a dated matter, it went to warrant. S.V. has moved on with his life, turned his life around, contacted counsel to have the matters dealt with. Mr. Penney contacted me and has been appearing by designation. Full restitution has been made and so the Crown is asking that all the charges be withdrawn.

¶ 2   THE COURT:  All right. Madam Clerk then add the S.V. matter to the list; the charges are withdrawn and you will have to enter into the computer that we are going to cancel the presently scheduled appearance on December 22 in 505.

¶ 3   CROWN:  Yes.

¶ 4   MR PENNEY:  Yes, now...

¶ 5   THE COURT:  Okay.

¶ 6   MR PENNEY : ... I would also ask Your Honour that the arrest warrant that — because this is a first instance warrant be rescinded or reversed and that it be so endorsed on the warrant itself. I just want to make sure that..

¶ 7   THE COURT:  So that ... warrant was not executed when he came before the Court?

¶ 8   MR PENNEY:  No, he didn't, Your Honour.

¶ 9   THE COURT:  Oh, that is right.

¶ 10   MR PENNEY:  He did.

¶ 11   THE COURT:  We could process you instead — a little Christmas humour there.

¶ 12   MR PENNEY:  He stayed in [the U.S.]. So I'm hoping ...

¶ 13   THE COURT:  Okay, well if there is a warrant in the first I think the Clerk will need some particulars on that to be able to rescind that.

¶ 14   MR PENNEY:  The warrant is attached to the Info, I bet. Yes, it is.

¶ 15   THE COURT:  That is very strange.

¶ 16   MR PENNEY:  No, it's not?

¶ 17   THE COURT:  Excuse me.

¶ 18   MR PENNEY:  It should be because I have a copy ...

¶ 19   THE COURT:  There is a full warrant attached with a warrant issued February 6, 2001, the front page of which is attached to the Information. To be rescinded. Okay, I do not know if they need any more information to rescind it.

¶ 20   MR PENNEY:  I would ask, Your Honour, that the Clerk mark rescinded across that and have Your Honour sign it. I'm going to be ordering a certified copy of the Information and the warrant in any event so that I can forward that to the officer in charge ...

¶ 21   THE COURT:  It is not...

¶ 22   MR PENNEY: that the police records get updated.

¶ 23  THE COURT:  He is not going to do it with a directive from the Court.

¶ 24   MR PENNEY:  Pardon?

¶ 25  THE COURT:  Who is the officer in charge? Is his name on it?

¶ 26   MR PENNEY:  Well he's retired; that particular officer.

¶ 27   THE COURT:  Yes.

¶ 28   MR PENNEY:  But we are dealing with an officer.

¶ 29   THE COURT:  Okay. Well then, we will put rescind, but the thing is I do not believe the officer will not do it without the Court documents. Maybe he will.

¶ 30   MR PENNEY:  Well I'll get a certified copy and, and send him that.

¶ 31   THE COURT:  Well, good luck.

¶ 32  MR PENNEY:  I hope that's sufficient, but ...

¶ 33   THE COURT:  Not necessarily.

¶ 34  MR PENNEY:  But something should happen at this end.

¶ 35   THE COURT: That is why I am saying — who are you dealing with now?

¶ 36   MR PENNEY:  I'm sorry?

¶ 37   THE COURT:  Who is the officer?

¶ 38   MR PENNEY:  I just saw the tail end of one of the emails my friend sent to me; I haven't been dealing with that officer.

¶ 39   CROWN:  I believe it's — I'm sorry, Your Honour, I'm sorry; there's so many of them. I believe it's officer L***, but I do know it's an officer in the warrants office at 51 Division; I have spoken to him regularly. And ...

¶ 40   THE COURT:  Okay, Madam Clerk, if you need more information to fill out the documents to rescind the warrant it can be obtained through the warrants office at 51 Division.

¶ 41   CROWN:  Or I'm happy to facilitate if it turns out the Madam Clerk needs more information, I could certainly get it for her.

¶ 42   THE COURT:  Okay. I will put rescinded across the face and sign it.

¶ 43   MR PENNEY:  Thank you so much Your Honour.

¶ 44   THE COURT:  And ...

¶ 45   MR PENNEY: And what I'll do to assist my friend is I'll order a certified copy before I leave today; when I get it, I'll scan it and send it to both my friend and the officer in charge and that should get things going. Thank you very much, Your Honour.

¶ 46   THE COURT:  One could hope. You are welcome Mr. Penney.

¶ 47   MR PENNEY:  Merry Christmas...

¶ 48   CROWN:  Thank you Your Honour.

¶ 49   MR PENNEY:  ...To you.

¶ 50   THE COURT:  Thank you.