Peter's Case — mischief Under $5000 — Sentenced

Between
Her Majesty the Queen, and
Peter C.

[2006] O.J. No. 1134

Ontario Court of Justice
Guelph, Ontario
Judge W.G. Mahaffy

Conditional Discharge:  9 March 2006
(23 paras.)

¶ 1     W.G. MAHAFFY J. (orally):  The Crown should be commended for the reasonableness of the position he is taking having regard to the steps that this person has taken. Mr. Penney is to be commended for the materials provided to the Court. I don't think in my 25 years as a judge and prior to that, 14 years in criminal practice, that I've seen better materials than this. I've seen some as good, but not any better and they are of great assistance to me to arrive at the conclusion as to what should be done.

¶ 2     I have no problem awarding this man a discharge, conditional upon his completing a period of probation for all of those reasons, which I'm not going to repeat, but a few submitted by Mr. Penney. The ones that I do wish to emphasize are, firstly, that he has shown by 11 months of pristine conduct in the community since he was released by Mr. Justice Murray, that he is capable of obeying a Court order with respect to Ms Lara S. and her daughter, and that conduct in my view goes to a great length to, I think, after the passage of time since this occurred, to assuage any fears as best as the Court can do it that might be with Ms Lara S. with respect to a recurrence of this sort of activity.

¶ 3     Secondly, as indicated by his counsel, this man, in every other respect of his life has been a model citizen and the break up of this relationship has caused an aberration in his conduct prior to all of this happening. Those are the two really good reasons why I think that he should receive a discharge, along with the other reasons submitted by the defence, Mr. Penney.

¶ 4     I appreciate that there still may very well be those feelings of apprehension, as set out in her victim impact statement, but that is something over which the Court has no control except through an order of non association and non communication.

¶ 5     If the general public were aware of all of the aspects of the facts concerning this person's situation, that is Mr. Peter C.'s situation, I doubt very much if there would be very many people who would think it would be contrary to their general interest, and that is the main reason, that's the most important aspect of considering whether a discharge is appropriate or not.

¶ 6     So for all those reasons, as I earlier indicated, there will be a discharge. It will be conditional upon his completing 18 months of probation, that's six months longer than the usual average probation order, to give Ms Lara S. some form of comfort for longer than the usual period of time.

¶ 7     In addition to observing the statutory conditions of a probation order as set out in the Criminal Code, which includes keeping the peace and being of good behaviour, he will keep the peace and be of good behaviour specifically with respect to Lara S. and her daughter N.S.. He will remain away from them, their places of residence, and employment, and school, and not communicate directly or indirectly with them.

¶ 8     He will report to and be under the supervision of a probation officer for so long as the probation officer deems it necessary. That will obviate the necessity of Mr. Peter C. having to come back to Court if the probation officer feels that reporting is no longer a necessary part of the probation order.

¶ 9     He will ... I did say "take such counselling," did I not?

¶ 10     MR. DEVOS:  No.

¶ 11     THE COURT:  I didn't? You will take such counselling as in the opinion of your probation officer is necessary, including continuation of the counselling presently being undertaken.

¶ 12     Now, is there anything I have neglected to address that either of you have asked me to?

¶ 13     MR. DeVOS:  No, Your Honour.

¶ 14     THE COURT:  Would you stand up, please, sir. If you breach your probation you can be charged with that offence. You could also be brought back before me for sentencing and, in addition to those two things occurring, if you breach your probation you could be brought back before the Court on notice to you by the Crown Attorney and the discharge awarded to you could be revoked and you would have a criminal conviction registered against your record. If you or the Crown want to change the terms of your probation order, either of you can do so on notice to the other.

¶ 15     You can take a seat outside the Courtroom and after documents have been brought to you for signing you will be free to go.

¶ 16     I've endorsed, as I earlier said, the Information that you've served three days pre-trial custody.

¶ 17     The Court clerk also needs to know your present address for the purpose of the order.

¶ 18     PETER C.:  1800 Lambs Road, Apartment 888, Burlington, Ontario, L0H 1T8.

¶ 21     MR. PENNEY:  Thank you so much Your Honour.

¶ 22     THE COURT:  There is one more thing that I neglected to say. I take it the Crown has no objection if I endorse that there is no need for a surcharge to be imposed?

¶ 23     MR. DeVOS:  I don't have any difficulty with that.

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