Philip's 1st Case — Assault, Weapons & Theft — Withdrawn

Between
Her Majesty the Queen, and Philip K.

Ontario Youth Court
Newmarket, Ontario
Judge Minard

Charges Withdrawn: 4 June 2003
(12 paras.)

Charges:	Theft Under $5000; Possession of Weapons Dangerous; Assault with a Weapon; Carrying a Concealed Weapon; Uttering Threat
Counsel:	P. Renwick, Assistant Crown Attorney, Newmarket Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 MR. RENWICK: I can deal firstly, Your Honour, with the matters beginning at lines six and seven and then eight through 16, Philip K. and Gary R.

¶ 2 THE COURT: Yes

¶ 3 MR. PENNEY: Mr. K, will you stand up please? He's in the body of the Court, Your Honour, with his father. He is standing to Your Honour's right. And my name is Penney. P-E-N-N-E-Y, initial C.

¶ 4 MR. MANZO: Good morning, Your Honour, it's Manzo, initial D. This is Mr. Gary R. to your left, and his mother is in the body of the court as well.

¶ 5 THE COURT: I'm sorry, Mr. Penney who do you represent?

¶ 6 MR. PENNEY: Philip K.

¶ 7 THE COURT: And you represent Mr. Gary R. then Mr. Manzo?

¶ 8 MR. MANZO: Yes, Your Honour, I do.

¶ 9 THE COURT: Yes, Mr. Renwick.

¶ 10 MR. RENWICK: With respect to Mr. Philip K, there is no evidence that identifies him as the perpetrator in the alleged incident and certainly I don't expect to have the witnesses identify him for the first time today in Court. The Court of Appeal says that's inappropriate, and I believe it is. And, so, for that reason, there is no reasonable prospect of a conviction. I'm asking to withdraw the charges against Mr. K.

¶ 11 MR. PENNEY: Thank you, Your Honour.

¶ 12 THE COURT: So the charges as against you, Mr. K, are withdrawn at the request of the Crown.

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