Martin's Case — Assault (domestic) — Withdrawn

Between
Her Majesty the Queen, and
Martin B.

Ontario Court of Justice
Toronto, Ontario
W. Babe J.

Charge Withdrawn:  26 October 2005
(11 paras.)

¶ 1     MS BOYD:  The next matter is the B**** matter.

¶ 2     MR. PENNEY:  Good Morning, Your Honour, Penney, initial "C." Mr. B**** and the interpreter are in the body of the court. You don't need to come forward just yet, sir.

¶ 3     THE COURT:  Number 5 on the list, yes.

¶ 4     MS BOYD:  There are no Crown witnesses here on that matter as of yet, Your Honour. I would ask the indulgence just to look into the matter very briefly, and make a decision very shortly about what to do with that charge.

¶ 5     THE COURT:  Yes.

¶ 6     MR. PENNEY:  Okay, fair enough.

— OTHER MATTERS ARE DEALT WITH AT THIS TIME —

¶ 7     MS BOYD:  Good Morning again, Your Honour. If we can address the Martin B**** matter, first of all.

¶ 8     MR. PENNEY:  He's coming forward, Your Honour. Good morning again, Penney, initial "C.," for the record.

¶ 9     MS BOYD:  This is the situation, Your Honour, where it seems that the complainant, and other Crown witnesses, are not here. There wouldn't be any likelihood that they will be here today. I have discussed the matter with my friend. Mr. B****, since the date that he was charged, has completed both counselling on his own with respect to domestic violence, and has also conducted counselling together with the complainant, with whom he was allowed to have contact by virtue of a bail variation. And, in light of the efforts on his behalf, I'm not going to be asking for an adjournment of this matter, and I'm asking that the charge against Mr. B**** be marked as withdrawn.

¶ 10     THE COURT:  It is noted withdrawn at the request of the Crown. You are free to go.

¶ 11     MR. PENNEY:  Thank you.

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