Damian's Case — Sexual Assault (domestic) — Withdrawn

Between
Her Majesty the Queen, and
Damian K.

Ontario Court of Justice
Newmarket, Ontario
Judge Minard

Withdrawn: 11 April 2006
(24 paras.)

Charges:	Assault and Sexual Assault, Criminal Code, ss. 266 and 271
Counsel:	M. Rumble, Assistant Crown Attorney, Newmarket Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 MS RUMBLE: If we can deal with lines 48 and 49 on the 11:30 list — Damian K.

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

¶ 3 THE COURT: Good morning.

¶ 4 MR. PENNEY: I thank my friend for calling that matter. I'll wait till the clerk finds the information — she has it in her hand.

¶ 5 CLERK OF THE COURT: Thank you.

¶ 6 MR. PENNEY: My friend will see an endorsement with respect to the sexual assault.

¶ 7 MS RUMBLE: Yes. I'm asking that the sexaul assault count be marked "withdrawn" for no reasonable prospect of conviction.

¶ 8 THE COURT: That count will be marked withdrawn at the request of the Crown.

¶ 9 MR. PENNEY: Thank you, so much. Your Honor...

¶ 10 THE COURT: Counsel's name again — I'm sorry, I didn't catch it.

¶ 11 MR. PENNEY: Penney, P-E-N-N-E-Y, initial "C."

¶ 12 THE COURT: Thank you. Go ahead.

¶ 13 MR. PENNEY: We are going to be setting a trial date on this, Your Honour, today, and we're also going to be varying the bail. The surety is here. The endorsement is on the brief. I'm content to do it all up in 201, or attempt to do the bail variation here. I'm in Your Honour's hands. I know they're not too busy in 201 - I checked with the clerk before I came down here.

¶ 14 THE COURT: We are going to traverse it to 201, as long as, there is clear instructions on the Crown brief.

¶ 15 MS RUMBLE: Yes.

¶ 16 MR. PENNEY: It's well endorsed, Your Honour.

¶ 17 MS RUMBLE: Thank you.

¶ 18 MR. PENNEY: I don't know if the clerk will entrust me with the informations.

¶ 19 CLERK OF THE COURT: I'll take care of it, thank you, Mr. Penney.

¶ 20 MR. PENNEY: Okay, just offering.

¶ 21 THE COURT: We trust you, but we will take care of it.

¶ 22 MR. PENNEY: That's good — I know you appreciate the offer, Your Honour.

¶ 23 THE COURT: All right.

¶ 24 MR. PENNEY: Thank you.

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