Daisy's Case — Dangerous Driving — Plea to Careless

Between
Her Majesty the Queen, and
Daisy J.

Ontario Court of Justice
Brampton, Ontario
Judge Currie

Careless Driving:  22 September 2008
(27 paras.)

¶ 1     MS KARIM:  We can proceed on the matter of Daisy J.

¶ 2     MR. PENNEY:  Penney, initial C. Your Honour will recall that we attempted to resolve everything on the 5th of August in 302 Court.

¶ 3     THE COURT:  Yes.

¶ 4     MR. PENNEY:  At that time the Information wasn't sworn.

¶ 5     THE COURT:  Right.

¶ 6     MR. PENNEY:  So first of all, I'd like to attorn to the jurisdiction on this Information, please, as agent for Ms Daisy J., who is not here.

¶ 7     THE COURT:  Oh, all right.

¶ 8     MR. PENNEY:  And what I'm hoping to do, Your Honour, is enter a plea as agent, considering that it is a Highway Traffic Act matter, and have the facts that were admitted to on the 5th of August simply apply to these proceedings. I will then ask Your Honour to make a finding of guilt and to consider the joint submission.

¶ 9     THE COURT:  Ms Karim, are you content with that?

¶ 10     MS KARIM:  I am, Your Honour. I just had my colleague confirm with Mr. Waite that that was his position he had taken. And I've confirmed the other details with counsel as well. I'm content with that being done.

¶ 11     THE COURT:  All right. Then on the Highway Traffic Act charge under section 130 you're entering a plea of guilty on behalf of your client Ms Daisy J.?

¶ 12     MR. PENNEY:  Yes.

¶ 13     THE COURT:  All right. And the facts are those that I heard on the last date in terms of the accident.

¶ 14     MS KARIM:  Yes, Your Honour.

¶ 15     MR. PENNEY:  Yes, I'm consenting to this specific application of those facts admitted on the 5th of August in 302 Court to this separate proceeding.

¶ 16     THE COURT:  Yes.

¶ 17     MR. PENNEY:  And I'm asking that Your Honour find her guilty on the basis of those facts.

¶ 18     THE COURT:  All right. Everyone agrees that would constitute careless driving?

¶ 19     MR. PENNEY:  Yes, absolutely.

¶ 20     MS KARIM:  Yes, Your Honour.

¶ 21     THE COURT:  All right, then, there will be a finding of guilt. As to sentence?

¶ 22     MS KARIM:  It's my understanding that there was a joint submission to be put forward as discussed by Mr. Waite and my friend as a fine to be in the amount of $325.

¶ 23     THE COURT:  Is that right, Mr. Penney?

¶ 24     MR. PENNEY:  That — that is correct, Your Honour.

¶ 25     THE COURT:  Does your client need time to pay?

¶ 26     MR. PENNEY:  Yes, Your Honour, if I could have 90 days, please?

¶ 27     THE COURT:  All right, then. There will be a fine of $325, 90 days to pay the fine. Thanks, Mr. Penney.

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