Toronto Criminal Lawyer

Robbery and Theft Case — Toronto Criminal Defence Lawyer

Client:  M.S., Accused
Complainant:   7-Eleven employee
Charges:   robbery and theft under

The Queen v. M.S.
Ontario Court of Justice, Toronto
Judge McLeod
(withdrawn: 9 March 2018)

Crown:  M. Chaplin, Office of the Crown Attorney, Toronto
Defence:  Craig Penney, Theft Lawyer, Toronto Criminal Defence

¶ 1  MR PENNEY:  This is an informed plea, Your Honour. It's going to be a plea under 606(4). Ms. Monteiro informed me yesterday that the spoke notes would be updated.

¶ 2  CROWN:   So yes, Your Honour, I understand Mr. S. and Mr. Penney spoke with Ms. Monteiro, and they agreed that Mr. S. could plead under 606(4) to a count of mischief.

¶ 3  THE COURT:   Mm-hmm. Okay, so he can be arraigned on....

¶ 4  CLERK:   M.S., you stand charged on or about the 15th day of November, in the year 2017, at the City of Toronto, in the Toronto Region, did steal three packages of candy of a value not exceeding $5,000, the property of 7-Eleven, contrary to section 334(b) of the Criminal Code of Canada. How does the Crown elect to proceed?

¶ 5  CROWN:   Summarily.

¶ 6  CLERK:   How do you plead to this charge?

¶ 7  MR PENNEY:  The accused pleads not guilty, Your Honour, to the charge as read, but guilty to the offence of mischief under 5,000, that, that mischief arising out, out of the same transaction which my friend is going to read into the record right now.

¶ 8  THE COURT:   All right. And I understand the Crown's content with that, and that plea will be received.

¶ 9  CLERK:   Okay.

¶ 10  THE COURT:   Statement of fact?

¶ 11  CROWN:   Your Honour, on Wednesday, November 15th of last year, at about midnight, the three co-accuseds were in attendance at a condominium at — around Dundas Square, they were having drinks with friends. About 2:00 a.m. Mr. S. went to the 7-Eleven Store [redacted] in Toronto. He made a purchase. During the transaction he also stole three packages of candy that he did not pay for. The three accuseds went to a friend's house, continued to drink. At about four in the morning, the three went back to the 7-Eleven store. Mr. S. dared the [first] co-accused to enter into the premise, hop the sales counter and steal some items, all while being videotaped by Mr. S.'s cell phone. [The first co-accused] subsequently entered the store while being videotaped by Mr. S. [The second co-accused] stayed at the front of the store. [The first co-accused] went to a lone sales clerk, hopped the sales counter and pushed him, said, "Give me your money." He said if he couldn't get any money, he would eat all of the food behind the sales counter. He stole a hotdog, the three accuseds fled the scene, the complainant reported the robbery, the three accuseds were arrested, transported to 52 Division. The candy allegedly stolen by Mr. S. was recovered at the time of his arrest.

¶ 12  THE COURT:   Mm-hmm.

¶ 13  CROWN:   Those are the facts.

¶ 14  THE COURT:   Okay. Facts admitted?

¶ 15  MR PENNEY:  Facts, the facts are admitted, Your Honour...

¶ 16  THE COURT:   Okay.

¶ 17  MR PENNEY: substantially correct. In fact, it was Mr. S.'s, as indicated in the facts, his — it was his idea to go and do that.

¶ 18  THE COURT:   All right. So there will be a finding of guilt on the charge of mischief as plead to.

¶ 19  MR PENNEY:  Yes.

¶ 20  CROWN:   Thanks, Your Honour. I understand this is a joint submission for your consideration.

¶ 21  THE COURT:   Mm-hmm.

¶ 22  CROWN:   Mr. S. has no criminal record. He's done 50 community service hours and my friend will go into detail about that, and he's provided a written letter of apology. My colleague, and Mr., — Ms. Monteiro, and Mr. Penney are jointly submitting that an absolute discharge is appropriate in the circumstances, given the lack of record.

¶ 23  THE COURT:   Okay.

¶ 24  MR PENNEY:  He, he has his apology with him, Your Honour. He'll read it out when Your Honour calls him, upon him, but I'll, I'll give you his background in the meantime, please. So he's 22 years of age, Your Honour. He's been in Canada for eight years. He is a Canadian citizen. He's alone here without family in the city, Your Honour, but his family, meaning his parents, his older brother and his two older sisters, they're all informed as to what is happening here, and they were informed shortly after the incident, and have brought a measure of tough love to this.

¶ 25  Your Honour, Mr. S. did take immediate responsibility with the officer. I've watched the, the video, and he, Mr. S., in fact, highlights the salient features of his conduct, which is number one, he had consumed alcohol, he had acted immaturely. He was the oldest in the group, he should have been more responsible, and it was his idea. And he took immediate responsibility for, for all of that, Your Honour.

¶ 26  He works full time at a restaurant called [redacted]. He's a junior chef over there, he's been gainfully employed for a year and a half. He's graduated from the George Brown hospitality, tourism, and leisure program. That was a two-year program and he graduated from that in 2015. So shortly after that he obtained the full-time employment. His long-term plans, Your Honour, are to open a restaurant. Subject to any questions Your Honour might have about his background... ...those are my submissions on behalf of him.

¶ 27  THE COURT:   Mr. S., could you stand up, please. Be granted an absolute discharge. Six months to pay the victim fine surcharge?

¶ 28  MR PENNEY:  Yes, please, Your Honour.

¶ 29  THE COURT:   That's fine. Thank you.

¶ 30  MR PENNEY:  Thank you so much.

¶ 31  CLERK:   And the remaining counts for Mr. S.?

¶ 32  THE COURT:   Endorse withdrawn, at the request of the Crown.