Stewart's Case — Refuse Breath demand — Withdrawn

Between
Her Majesty the Queen, and
Stewart K.

Ontario Court of Justice
Orangeville, Ontario
Justice D.B. Maund

Charge Withdrawn:  1 May 2006
(10 paras.)

¶ 1     MR. CHIERA:  Thank you. Good morning, Your Honour. If we can start with the adult list — there's two matters. There's firstly the matter of Stewart K**** at line six.

¶ 2     THE COURT:  Yes, good morning.

¶ 3     MR. PENNEY:  Good morning, Your Honour. Penney, initial C, appearing as designated counsel, please.

¶ 4     THE COURT:  Yes.

¶ 5     MR. CHIERA:  Excuse me, Your Honour. The matter is one where there's been on-going discussions with the Defence and the Crown's office, as a result of those discussions Mr. K**** has made a charitable donation to the Canadian Cancer Society in the amount $500. In light of that donation the Crown's going to ask that the one charge against Mr. K**** be withdrawn, please?

¶ 6     THE COURT:  Yes, Mr. Penney.

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

¶ 8     THE COURT:  Well, I absolutely respect, understand, and agree with that decision by the Crown in the circumstances. I think it's a very fair-minded approach, and I will have the information now marked withdrawn.

¶ 9     MR. PENNEY:  Thank you for your input Your Honour. Thank my friend.

¶ 10     THE COURT:  Thank you, sir.

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