Justin's Case — Mischief (Road Rage) — Stayed

Between
Her Majesty the Queen, and
Justin D.

Ontario Court of Justice
Newmarket, Ontario
Justice of the Peace Oates

Charge Stayed: 8 November 2005
(7 paras.)

Charge:  

mischief under $5000, Criminal Code, s. 430

Counsel:   E. Kirley, Assistant Crown Attorney, Newmarket
Craig Penney, Criminal Defence Lawyer, Toronto

1     MS KIRLEY:  I believe Mr. Penney is also here on the Justin D. matter, which is line 47, Your Worship.

2     MR. PENNEY:  Yes. I'm handing my friend a form from the mental health diversion coordinator this morning. Mr. D. has completed mental health diversion.

3     CLERK OF THE COURT: Is he here? 

4     MR. PENNEY: Mr. D., could you come forward, please? I can advise my friend that I have funds in trust to cover the restitution. My friend kindly gave me the address of the complainant, which I'll only use for the purpose of forwarding her the deductible amount. The remainder of the restitution will be sent directly to the insurance company. I have that amount in trust, so I'm giving my personal undertaking to my friend and the Court to forward those funds both to the complainant and to the insurance company.  

5     MS KIRLEY: Your Worship, with that understanding on record, I would ask that the charge before the Court for Mr. D. be stayed.  

6     THE COURT:  All right.

7     MS KIRLEY:  Thank you so much, Your Worship. I thank my friend.

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