Arnold's Case — Assault (Domestic) — Withdrawn

Between
Her Majesty the Queen, and
Arnold G.

Ontario Court of Justice
Toronto, Ontario
Justice Bhabha

Withdrawn:  29 November 2006
(56 paras.)

¶ 1     MS PANG:  The second matter, Your Honour, is Arnold G. Counsel is also here for that. Yes, counsel is here for that and, uh, I believe the accused is also here and an 810 Peace Bond is also being prepared in relation to that matter.

¶ 2     THE COURT:  All right.

[REPORTER'S NOTE:  Other matters are dealt with at this time.]

¶ 3     MS PANG:  The next matter we can deal with is Arnold G. The 810 is sworn and we can proceed with that.

¶ 4     CLERK OF THE COURT:  Can I get counsel's name, please?

¶ 5     MR. PENNEY:  Yes, Penney. P-E-N-N-E-Y, initial C.

¶ 6     CLERK OF THE COURT:  Thank you.

¶ 7     MR. PENNEY:  Good morning, Your Honour.

¶ 8     THE COURT:  Good morning.

¶ 9     MR. PENNEY:  I am here on the Arnold G. matter. I apologize for — I wasn't actually late but outside getting proper instructions from my client.

¶ 10     THE COURT:  That's all right, we were able to deal with another matter.

¶ 11     MR. PENNEY:  Okay. All right. Mr. G., could you please come forward?

¶ 12     THE COURT:  Mr. G. is before the Court?

¶ 13     MR. PENNEY:  Yes, he is, Your Honour.

¶ 14     CLERK OF THE COURT:  The informant says that he or she has reasonable grounds to fear and does fear that Arnold G. will cause personal injury or will damage the property of Lola T. on account of a threat made on the 7th day of May in the year 2006, at the City of Toronto in the words or to the effect following, that is to say, as a result of his actions, and therefore prays that the defendant may be ordered to enter into a Recognizance, with or without sureties, to keep the peace and be of good behaviour for a period not exceeding twelve months with the conditions fixed by the judge, or committed to prison for a term not exceeding twelve months if he or she fails or refuses to enter into the Recognizance. And the informant also says that he or she does not make this complaint from any malice or ill will, but merely for the fear set out aforesaid pursuant to the Criminal Code, section 810.

¶ 15     Does Mr. Arnold G. wish to show cause why she should not enter into this Recognizance at this time?

¶ 16     MR. PENNEY:  Mr. Arnold G. does not wish to show cause, Your Honour.

¶ 17     CLERK OF THE COURT:  Thank you.

¶ 18     MS PANG:  Your Honour, the underlying allegations are these:

¶ 19     The accused and the complainant started dating in June or July, 2002. They met at work. The accused was having an extramarital affair with the complaintant. The accused repeatedly told the complainant that he was going to leave his wife for her so they could be exclusive. The complainant believed this to be true and continues on with the relationship until March of 2006.

¶ 20     At that time, the accused's wife apparently expressed a desire to go to the Philippines with the accused. The accused advised the complainant of that. The complainant then gave the accused an ultimatum — either her or the wife. The accused declined to go to the Philippines with his wife, but he did not leave his wife. The complainant at that point then broke off the relationship.

¶ 21     The accused continued to attempt to court the complainant when he saw her at work and also over the phone. The complainant remained civil with the accused as they were still co-workers at the time. They were working at the E*** G***.

¶ 22     Now on Sunday, May 7th, 2006, the complainant was entering her workplace. This was located at 555 Redfishing Boulevard in the City of Toronto. At approximately 4:30 p.m. the complainant was entering the employee elevator when she was approached by the accused who began to question her about who she might be dating. And, uh, the — uh — the complainant replied, "no," at which time the accused angrily stated, "you are lying," and he put his hands in the area of her shoulders and while doing so he caused her to move backwards and she — her back came into contact with the back of the elevator. That was, in fact, the nature of the — uh — her shift. But apparently not feeling very well as a result of what had occurred she went to see her supervisor to see if she could leave early. And following — the supervisor noticed that something was wrong and following, um, their meeting the complainant then attended the Woodbine O.P.P. office located in the same building and reported what happened.

¶ 23     THE COURT:  All right. Thank you. And what is being proposed...

¶ 24     MS PANG:  Oh, sorry, I should also advise Mr. Arnold G. is 47 years old and he has no criminal record. What is being proposed is a $500 bond for twelve months and, uh, with no contact. Um...

¶ 25     THE COURT:  No contact.

¶ 26     MS PANG:  No contact directly or indirectly, and no weapons.

¶ 27     THE COURT:  And the complainant's name?

¶ 28     MS PANG:  Yes, um...

¶ 29     MR. PENNEY:  Lola...

¶ 30     MS PANG:  ...it's on the bond, but — I have trouble pronouncing the last name. It's — the last name is T-*-*-*, first name, Lola.

¶ 31     THE COURT:  So that is T-*-*-*?

¶ 32     MS PANG:  Correct.

¶ 33     MR. PENNEY:  Lola. L-O-L-A. The only exception I would ask Your Honour and my friend to consider is with respect to work. He is discharged from his employment, but he is attempting to get that back through his union. So, I would ask "except as may be necessary for employment purposes."

¶ 34     MS PANG:  No objection to that.

¶ 35     THE COURT:  Okay. While the documents are being prepared, Mr. Arnold G., did you understand all of the conditions...

¶ 36     MR. ARNOLD G.:  Yeah.

¶ 37     THE COURT:  ...that were placed on the record by the Crown and are you able to abide by them?

¶ 38     MR. ARNOLD G.:  I will.

¶ 39     THE COURT:  All right. And you understand the consequences of failing to abide by these conditions is that you may be charged...

¶ 40     MR. ARNOLD G.:  Yeah.

¶ 41     THE COURT:  ...with a criminal offence. All right. And just again while the paperwork is being drafted it's a Recognizance in the amount of $500, for a period of twelve months, during which the conditions are:

¶ 42     You are to keep the peace and be of good behaviour;

¶ 43     You are not to carry any weapons as defined in the Criminal Code;

¶ 44     You are not to have any contact directly or indirectly with Lola T., except as may be necessary for employment purposes.

¶ 45     Is that clear?

¶ 46     MR. ARNOLD G.:  Yes.

¶ 47     THE COURT:  And no contact — I said directly or indirectly. That means, no phone messages, no text messages, no messages through a third party. It means, no contact, just to be clear. All right. It doesn't just mean face-to-face contact.

¶ 48     MR. PENNEY:  Your Honour, if he may sit down please while he's doing the Peace Bond.

¶ 49     THE COURT:  Certainly. Certainly.

¶ 50     MR. PENNEY:  Thank you so much. Just have a seat right there, Arnold.

¶ 51     MS PANG:  Once it's signed the Crown will request that the charge be withdrawn, please, Your Honour.

¶ 52     CLERK OF THE COURT:  The Peace Bond has been signed, Your Honour.

¶ 53     THE COURT:  Thank you. The charge will be...

¶ 54     MR. PENNEY:  Marked withdrawn.

¶ 55     THE COURT:  ...marked withdrawn.

¶ 56     MR. PENNEY:  Thank you so much, Your Honour. I thank my friend.

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