Gavin's Case — Over 80 — Charge withdrawn

Between
Her Majesty the Queen, and
Gavin R.

Ontario Court of Justice
Toronto, Ontario
Justice L. Marshall

Charge Withdrawn:  9 March 2005
(12 paras.)

¶ 1     MR. PENNEY:  Good morning, Your Honour, Penney, initial "C."

¶ 2     THE COURT:  Yes, Mr. Penney, good morning.

¶ 3     MR. PENNEY:  Appearing pursuant to the designation please.

¶ 4     THE COURT:  Yes.

¶ 5     MR. ALEXANDER:  Yes, Your Honour will know ... I believe my friend contacted the trial coordinator's....

¶ 6     THE COURT:  Yes, I was advised that I didn't have to read the materials.

¶ 7     MR. ALEXANDER:  And ah...

¶ 8     THE COURT:  Thank you.

¶ 9     MR. ALEXANDER:  ... the reason for that is reviewing the materials ... well, the Crown is of the view that the 11(b) is not decisive in the matter, but that in conjuction with certain other factors that I'm not going to take the time to go through on the record, ah, convinces the Crown that it is not in the public interest to pursue this charge and it may be marked withdrawn.

¶ 10     THE COURT:  All right, Mr. Penney you're appearing pursuant to designation. The charge is withdrawn. You can give Mr. Penney back the materials. He may be able to use both the materials and binding stuff in the future.

¶ 11     MR. PENNEY:  Okay.

¶ 12     THE COURT:  It's just, it's expensive.

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