Chester's Case — Careless Driving — Appeal allowed

Between
Her Majesty the Queen, and
Chester C.

Ontario Court of Justice
Toronto, Ontario
Judge Reinhardt

Appeal Allowed: 10 December 2002
(11 paras.)

Charges:	fail to remain at scene of accident, fail to report accident, and careless driving, contrary to the Highway Traffic Act; and operate motor vehicle without insurance, and make false insurance statement, contrary to the Compulsory Automobile Insurance Act
Counsel:	N. Trbojevic, Assistant Crown Attorney, Toronto Craig Penney, Criminal Defence Lawyer, Toronto

REINHARDT J. (orally): —

¶ 1 MR. TRBOJEVIC: Good afternoon, Your Honour. For the record, Trbojevic. That's T-R-B-O-J-E-V-I-C, first initial "N," on behalf of the province speaking to items one through five on your appeals list for Chester C. He's represented by counsel.

¶ 2 MR. PENNEY: Good afternoon, Your Honour. Penney, initial "C."

¶ 3 MR. TRBOJEVIC: I should just indicate at the beginning here that, technically speaking, only items one through three are properly before you. Items four and five were never convicted to begin with at trial. They were dismissed at trial so obviously defence wouldn't be appealing those two items.

¶ 4 THE COURT: Right. I read the transcript. You are right, in fact.

¶ 5 MR. TRBOJEVIC: In any event, on the appeals of the three convictions that are before you, I've read the materials. I think you may see a copy of a letter I forwarded to counsel.

¶ 6 THE COURT: I do. I have read it.

¶ 7 MR. TRBOJEVIC: I'm asking the Court at this time to allow the appeals and enter acquittal on those three convictions.

¶ 8 THE COURT: Great. I think it is appropriate.

¶ 9 CLERK OF THE COURT: So — and the other two?

¶ 10 MR. TRBOJEVIC: They were actually acquitted to begin with. They are not really before us so they should be already entered as acquittals.

¶ 11 MR. PENNEY: Thank you, Your Honour, and I thank my friend for calling it.

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