Martin's Case — Assault — strike guilty plea

Between
Her Majesty the Queen, and
Martin B.

Ontario Court of Justice
Toronto, Ontario
B. Brown J.

Guilty Plea Struck:  20 September 2005
(43 paras.)

¶ 1     MS PIRRAGLIA:  Thank you. Number 2 and 3 on the afternoon list, Martin B****?

¶ 2     MR. PENNEY:  B****.

¶ 3     MS PIRRAGLIA:  B****.

¶ 4     MR. PENNEY:  Mr. B****, could you come forward? The Hungarian interpreter is here as well, Your Honour. My name is Penney, initial C. This is a matter, Your Honour, where a plea was entered on May the 3rd. However, I wasn't counsel at the time. Since that time, I've ordered a copy of the Information and the transcript. There is a problem with respect to the Count for which a guilty plea was entered at the time. It was out of time. I've written to Mr. Locke about it prior to today. I understand that — let me get right to the point— the Crown and I are submitting to Your Honour that Count 1 should be ...

¶ 5     THE COURT:  Can I see the Information, please?

¶ 6     MR. PENNEY:  The proceedings should be marked a nullity and we're going to be scheduling a trial on Count 2.

¶ 7     THE COURT:  Counsel, have you received the transcript yet?

¶ 8     MR. PENNEY:  Yes, I did.

¶ 9     THE COURT:  And I do not recall, because I did not make a note and these are generally very fast in 303 Court.

¶ 10     MR. PENNEY:  Yes, I know. I understand.

¶ 11     THE COURT:  Was there a consent filed to go beyond —

¶ 12     MR. PENNEY:  No, and that's why I ordered the transcript. I can provide it to Your Honour.

¶ 13     THE COURT:  No, I will trust your reading.

¶ 14     MR. PENNEY:  Yes, I've reviewed it, I've provided a copy to Mr. Locke. There is no consent on the Information or in the transcript. The issue wasn't addressed.

¶ 15     THE COURT:  All right.

¶ 16     MR. PENNEY:  I suspect it was simply an oversight on the day.

¶ 17     THE COURT:  Well, it is out by one day, that is the other thing too, in that Court. It is only out by one day.

¶ 18     MR. PENNEY:  It's only out by one day, but ...

¶ 19     THE COURT:  That is right.

¶ 20     MR. PENNEY:  It's a jurisdictional —

¶ 21     THE COURT:  All right, so —

¶ 20     MR. PENNEY:  It's a statutory Court, Your Honour. So ...

¶ 22     THE COURT:  Yes, of course. So, I will strike the guilty plea. I will ask that the finding of guilt also be struck, and I am actually going to leave it to set up for trial, and counsel can deal with it on the trial date. Are you in a position now where you would like to go to the Trial Coordinator?

¶ 23     MR. PENNEY:  We've already done that. I believe that my friend and I are asking ...

¶ 24     THE COURT:  All right.

¶ 25     MR. PENNEY:  ... that Count one be declared a nullity. I don't know if Your Honour is prepared to do that now or ...

¶ 26     MS PIRRAGLIA:  All I know of the matter, Your Honour, is what Mr. Locke has endorsed on the letter by my friend, which is that he agreed with his assessment of it.

¶ 27     MR. PENNEY:  There's an endorsement on the bottom of the letter.

¶ 28     MS PIRRAGLIA:  Yes. Count Number 1 is a nullity. It's okay to set a one hour trial date on Count 2.

¶ 29     THE COURT:  All right. So, I am going to actually withdraw Count 1, and I will deal with — you can set the Count 2 up for trial. Madam Clerk, you can have this back.

¶ 30     MR. PENNEY:  Thank you so much, Your Honour.

¶ 31     THE COURT:  You are welcome.

¶ 32     MR. PENNEY:  We've — there's 1 hour available, in Scarborough, Your Honour, 10:00 a.m., 410 Court, 26th of October, for trial, please.

¶ 33     THE COURT:  Is that date agreeable to the Crown?

¶ 34     MS PIRRAGLIA:  Yes, it is.

¶ 35     THE COURT:  All right. This matter will go over to the 26th of October, for trial, in Courtroom 410, which is in Scarborough, 1911 Eglinton Avenue East.

¶ 36     MR. PENNEY:  Thank you so much, Your Honour.

¶ 37     THE COURT:  Okay, you are welcome.

— OTHER MATTERS ARE DEALT WITH AT THIS TIME —

¶ 38     THE COURT:  All right. In relation to the matter we just called, which interpreter was that, again?

¶ 39     MR. PENNEY:  It's the Hungarian.

¶ 40     CLERK OF THE COURT: The Hungarian.

¶ 41     THE COURT:  Hungarian? Also request a Hungarian Interpreter for the 26th of October, for trial, please.

¶ 42     MR. PENNEY:  Yes.

¶ 43     MS PIRRAGLIA:  Okay.

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