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R. v. C.B. | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN

v.

CARLL BENSON

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C O U R T P R O C E E D I N G S

BEFORE THE HONOURABLE MADAM JUSTICE M. XXXXXX,
On December 1, 2006, at Toronto, Ontario

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APPEARANCES

Mr. XXXX Counsel for the Crown

Mr. T. Pain Counsel for the Accused

R. v. Carll Benson

Friday, December 1, 2006

CROWN COUNSEL: Is there someone here for Mr. Benson? He’s at …

MR. PAIN: He’s probably an add – on, Your Honour.

THE COURT: Carll Benson

CROWN COUNSEL: Yes.

MR. PAIN: Good afternoon, Your Honour. My Name is Pain; P-A-I-N, initial “T”. This is a matter that’s to be resolved by way of a section 810 peace bond.

CROWN COUNSEL: I believe that Information should be before the Court.

THE COURT: There is an indication on my docket that there is an 810 before the Court.

CROWN COUNSEL: If I could just have a brief indulgence?

THE COURT: Okay.

CROWN COUNSEL: I just want to give Your Honour some background to what’s going on here. I understand that Mr. Brown has completed parts of the – – or at least some sort of mental health diversion which included some counseling which I’m sure my friend will elaborate upon.

The background to the offences of November 21st is that the accused and the complainant have been in a relationship for about a year. The relationship dissolved but they remain friends and they have no children together. The allegations are that the accused threatened the complainant on two occasions with death, one over e-mail – – actually both over e-mail and . . . I’m looking for the second set of offences.

The second set of offences. That – – it was with respect to the same complainant and he’s alleged to have breached several undertakings in relation to her including non-communicating orders and to stay away from her residence and that type of thing. He’s also alleged to have contacted her over e-mail and Yahoo Messenger repeatedly. So that is the background to these charges, Your Honour.

Now I understand that pursuant to a resolution discussion Mr. Benson has completed the Mental Health Diversion Program, and because of that we’re content that this matter be resolved by way of a section 810 bond, subject to Your Honour of course, with conditions – for one year; five hundred dollars, no deposit, no surety . . . with conditions that he have no contact with the complainant in this matter and that he possess no weapons.

MR. PAIN: Yes, Your Honour. That’s correct. I’ve had extensive pre-trial discussions with Mr. Pat Kent of my friends office and it was agreed that Mr. Benson would proceed through the Mental Health Diversion Program and – and satisfy the – Cathy Curly that he completed his counseling which he has done and then it was agreed that thereafter if he agreed to enter into a peace bond that the matter would be settled that way. In terms of the complainant I can provide her name. It’s – – the first name is Lisa; last name, Adams, A-D-A-M-S.

CLERK OF THE COURT: A-D-A-M-S?

MR. PAIN: Yes. I can also advice Your Honour that Mr. Brown does not wish to show cause as to why he should not enter into the peace bond.

THE COURT: Thank you very much.

CLERK OF THE COURT: Your Worship, are both parties waiving the time limitation?

CROWN COUNSEL: Yes.

MR. PAIN: Yes.

CLERK OF THE COURT: Thank you.

THE COURT: Thank you very much. So, Mr. Benson, I understand, sir, that you’re prepared today to enter into a peace bond.

THE ACCUSED: Yes, ma’am.

THE COURT: So it’s going to be pursuant to 810 of the Criminal Code in the amount of five hundred dollars, no deposit, no surety. Three very important conditions; One, you keep the peace and be of good behaviour; two, you possess no weapons as defined by the Criminal Code; and three, that you have no contact directly or indirectly with Lisa Adams. That means no e-mails, no phone calls, no nothing. Do you understand that, sir?

THE ACCUSED: Yes ma’am.

THE COURT: Okay. Do you also understand that if you breach any of those terms you can find yourself once more charged with a criminal offence?

THE ACCUSED: Yes ma’am.

THE COURT: Okay. Thank you very much. The peace bond I think is being prepared right now so it will be ready for your signature in a moment, okay? Thank you, sir.

MR. PAIN: Thank you, Your Honour.

THE COURT: We’ll hold the matter down until it’s signed.

CROWN COUNSEL: Thank you, Your Honour.

. . . REPORTER’S NOTE: AT THIS TIME THE COURT SPOKE TO OTHER MATTERS.

CROWN COUNSEL: And I note also, Your Honour, that Mr. Benson signed his bond. I don’t know if I asked if they could be marked withdrawn once that is done – –

THE COURT: Thank you.

CROWN COUNSEL: – – when he was arraigned or when he was – – we were dealing with this matter but if they could be – –

THE COURT: The criminal charges are marked withdrawn against Mr. Brown. Thank you.

MR. PAIN: Thank you, Your Honour. I thank my friend.

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