Toronto Criminal Lawyer - Possession of Firearms Charges Stayed

patty's Case — Possession firearms — Stayed

Between
Her Majesty the Queen, and
Patty P.

Ontario Court of Justice
Toronto, Ontario
Judge Ormston

Charges Stayed: 17 November 2004
(27 paras.)

Charges:	Unauthorized Possession Firearm (2x), Weapons Dangerous, Carry Concealed Weapon, and Possession of Ammunition for a Dangerous Purpose, Criminal Code, ss. 88(1), 90(1), 91(1), and 95(1)
Counsel:	V. Minkowski, Assistant Crown Attorney, Toronto Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 MS MINKOWSKI: If we could just quickly address the Patty P. matter, Your Honour.

¶ 2 THE COURT: Yes?

¶ 3 MR. PENNEY: Good morning, Your Honour. It's Penney, initial C.

¶ 4 THE COURT: Yes?

¶ 5 MR. PENNEY: I know what my friend's intention is and technically the accused doesn't have to be here, but I prefer her to be here, Your Honour.

¶ 6 THE COURT: She's not here, I take it?

¶ 7 MR. PENNEY: Well, she's here. She's just going to come in. I've asked the officer to bring her out.

¶ 8 THE COURT: Okay. I'm sorry. I did not realize she was in custody.

¶ 9 MR. PENNEY: She's in custody. I'm sorry. I've already asked the officers. They're bringing her up.

[REPORTER'S NOTE: Other matters are dealt with at this time.]

¶ 10 THE COURT: Now, Mr. Penney is this your client?

¶ 11 MR. PENNEY: Yes. Good morning, Your Honour. This is Patty P.

¶ 12 THE COURT: Yes?

¶ 13 MR. PENNEY: I don't know where she is on the list exactly.

¶ 14 THE COURT: Fine.

¶ 15 COURT OFFICER: The 10:00 a.m. list, numbers 34 and following.

¶ 16 THE COURT: Thank you.

¶ 17 MR. PENNEY: Thank you.

¶ 18 THE COURT: Yes. And what is happening with Ms Patty P.?

¶ 19 MS MINKOWSKI: In this situation, Your Honour, I've spoken with a very senior Crown in my office and the Crown would be seeking to stay the charges as this point. Immigration is here and has a hold — a warrant for her for tomorrow morning with the assistance of the immigration officers who are here.

¶ 20 THE COURT: Mr. Penney, any comments?

¶ 21 MR. PENNEY: No. But if I could just state for Ms Patty P.'s benefit the plan. Essentially, the charges are stayed today, Ms Patty P. And that means the criminal matter is over. You'll be brought back to the hospital in Los Angeles. Two immigration officers are here. They will be picking you up there tomorrow morning and escorting you, on a voluntary basis, to the border, where you will be meeting your mom and traveling back to her home in Los Angeles. So, that is the plan, Your Honour. It's all on a cooperative basis.

¶ 22 THE COURT: All right. Okay. All right.

¶ 23 MR. PENNEY: Okay. Thank you so much.

¶ 24 THE COURT: Charges noted stayed then by the Crown.

¶ 25 MR. PENNEY: Okay.

¶ 26 MS MINKOWSKI: Thank you.

¶ 27 THE COURT: You are welcome.

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