Baldwin's Case — Sexual Assault — Withdrawn

Between
Her Majesty the Queen, and
Baldwin C.

Ontario Court of Justice
City, Ontario
Judge K. Barnes

Charge Withdrawn:  23 February 2006
(7 paras.)

Charge:   Sexual Assault, Criminal Code, s. 271
Counsel:   L. Crawford, Assistant Crown Attorney, Oshawa
Craig Penney, Criminal Defence Lawyer, Toronto

1     MS. CRAWFORD:  Good morning, Your Honour. Crawford initial "L" on behalf of the Crown for this one matter on the number 11 docket, the matter of Baldwin C. 

2     MR. PENNEY:  Mr. C., if you could come forward. Good morning, Your Honour, Penney, initial "C." P-E-N-N-E-Y, for Madam Reporter. If you could just stand there, Mr. C., please, and listen to what the Crown Attorney has to say.

3     MS. CRAWFORD:  Thank you. Your Honour, with respect to this matter, the Crown received materials from the defence last week; I believe they were served on the 16th of February, 2006, and, as a result of reviewing those materials, I also had a conversation with the complainant in this matter. After that conversation, it was determined that the Crown wouldn't have a reasonable prospect of conviction with respect to this charge given the additional information that was received and the defence materials as well as my conversation with the complainant. And, as a result of that, I'd be requesting that the charge against Mr. C. be withdrawn please.

4     THE COURT:  All right, the charge is withdrawn at the request of the Crown.

5     MR. PENNEY:  Thank you, Your Honour.

6     CLERK OF THE COURT:  There is also future court dates, February 24th, 27th, and 28th. Do you wish those vacated?

7     MS. CRAWFORD:  Yes, please, thank you. I have notified the trial coordinator and other arrangements have been made for those dates. Thank you.

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