Toronto Criminal Lawyer

Unlawfully in Dwelling — Toronto Sexual Assault Lawyer

Client:  R.V., Accused
Complainant:  adult woman
Charges:  sexual assault, unlawfully in dwelling, and breach recognizance

The Queen v. R.V.
Ontario Court of Justice, Toronto
Judge C. Vailiancourt
(conditional discharge: 4 September 2013)

Crown:  P. Clement, Assistant Crown Attorney, Toronto
Defence:  Craig Penney, Sexual Assault Defence Lawyer, Toronto

¶ 1   THE COURT:  All right. Arraign the accused...

¶ 2   MR PENNEY:  ...on the sexual assault count.

¶ 3  THE COURT: it is.

¶ 4  CLERK:  R.V., you stand charged that on or about the 3rd day of July, in the year 2012, in the City of Toronto, in the Toronto Region, did commit a sexual assault on [the complainant], contrary to the Criminal Code. How does the Crown elect to proceed?

¶ 5  CROWN:  Summarily.

¶ 6   CLERK:  Thank you.

¶ 7   MR PENNEY:  And Your Honour, on that count as read, R.V. pleads not guilty to the sexual assault ...

¶ 8   THE COURT:  Right.

¶ 9   MR PENNEY:  ... but guilty to the offence of indecent act on the facts as disclosed in the report by Dr. Gojer, June 22nd, 2013, which we can mark as Exhibit One on sentencing. Your Honour has reviewed that and R.V. has reviewed it. R.V. takes ownership of the facts that he disclosed to Dr. Gojer and are reported in that report and he asks Your Honour to find him guilty of the indecent act with Mr. Clement's consent as....

¶ 10  THE COURT:  All right. That will be Exhibit One.

¶ 11  THE COURT:  Now what we'll do is we'll put the finding, sentencing, the whole kit and caboodle to be spoken to and the other matters over to the agreed date, which is, I believe, October 15th.

[Court Proceedings were then adjourned to 15 October 2013]

¶ 12   THE COURT:  This matter went over the last day. I believe Counsel wanted to check out if there was an immigration issue as well as getting an updated report by Dr. Gojer. All right, so, is there anything to add then, Counsel?

¶ 13  CROWN:  No, not by the Crown

¶ 14  MR PENNEY:  Not from my point of view, Your Honour. The report's very extensive, so my submissions essentially are contained within those two reports.

¶ 15   THE COURT:  And the joint submission was for a conditional discharge, 18 months of probation, right?

¶ 16   CROWN  Yes.

¶ 17  THE COURT:  Terms are: be of good behaviour and keep the peace; report to a probation officer today and then as required; no to have in his possession any weapons as defined by The Criminal Code of Canada; have no contact directly or indirectly, with the victim; and not to be within 200 metres of any place where she resides, works, or he knows her to be. To continue his assessment, counselling and treatment with Dr. Julian Gojer, or his designate, until discharged by Dr. Julian Gojer or his designate. Next, until discharged from Dr. Julian Gojer or his designate, he is to report and to sign any necessary releases to allow your probation officer to monitor your assessment, treatment and counselling; and not to enter or seek to enter any residence except your own or a family member's residence, unless you have received in advance an invitation to enter that residence. That covers all the terms, Counsel?

¶ 18  CROWN:  Yes. ... I'd ask that all other charges be marked withdrawn.

¶ 19  THE COURT:  Withdrawn at the request of the Crown.