Tommy's Case — Attempted Theft — Dismissed

Between
Her Majesty the Queen, and
Tommy P.

[2000] O.J. No. 5792

Ontario Court of Justice
Toronto, Ontario
Judge Knazan

Dismissed: 22 February 2000
(3 paras.)

Charge:	attempted theft under $5000, Criminal Code, s. 334
Counsel:	C. Eitel, Assistant Crown Attorney, Toronto Craig Penney, Criminal Defence Lawyer, Toronto

¶ 1 KNAZAN J. (orally): I agree with the non-suit motion. The making of it has raised the issue of amendment clearly. No application was sought to amend the information to conform with the evidence, and there is no evidence whatsoever that he attempted to steal the gym bag as opposed to the contents, and the motion to dismiss is allowed.

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

¶ 3 MS EITEL: Thank you, Your Honour.

BACK TO TOMMY'S CASE