Marlene's Case — Keep Bawdy House — Sentenced

Client:  Marlene, Accused
Complainant:  Peel Regional Police Force, 11 Division
Charge:  Keep Common Bawdy House

Background:  Marlene is an intelligent, attractive, professional woman. She had her real estate licence, but she was going through a "bad spell." Marlene found herself working as an escort in her own apartment. At the time, the police were clamping down on the use of residential apartments for the sale of sexual services. Marlene had the misfortune of being investigated, arrested, and charged with keeping a common bawdy house. Upon her release from custody, she had a condition that she not work in the sex-trade industry. Not only was she charged, but she lost her only income. Her real estate licence was also at risk. Her licence was up for renewal, and the real estate board was aware of her arrest. Marlene felt cornered. She told me that it felt like a giant hand was coming down on her, about to crush her into nothing.

READ THE POLICE REPORT

Goal:  Marlene was commited to re-establishing herself as a real estate agent. She learned that being convicted or placed on probation would cause problems for her licence renewal. Marlene wanted the matter resolved as quickly as possible, but hopefully in a way that preserved her ability to retain her real estate licence.

Strategy:  Although the Crown was sympathetic to Marlene's circumstances, the Crown wasn't interested in discussing a withdrawal of the charge. With Marlene not interested in a trial, I focused on the best possible sentence after a guilty plea — an absolute discharge. An absolute discharge is a criminal record, but it is the lightest adult sentence and is erased automatically after one year. During the pre-trial process, I discussed this possibility with the Crown and the Judge during a closed-door session we call a Judicial Pre-trial meeting. The Judge agreed that, if Marlene entered a guilty plea, she would keep an open mind about granting a absolute discharge.

Results:  Marlene decided to plead guilty. As an act of contrition, Marlene made a $2000 donation before sentencing to a charity that supports sex-trade workers. As you can read in the submissions and the Judgment below, the Judge granted an absolute discharge. Marlene kept her licence. Her record was erased a year later.

READ THE THE SUBMISSIONS AND THE jUDGE'S RULING