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R. v. Don Newman | Examples Of Favourable Verdicts

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ONTARIO COURT OF JUSTICE
HER MAJESTY THE QUEEN
v.
DON NEWMAN
**********
GUILTY PLEA PROCEEDINGS
BEFORE THE HONORABLE MADAM JUSTICE XXXX
On June XX, 20XX at TORONTO, Ontario
Courtroom XXX
********

APPEARANCES
J. North, Ms. Counsel for the Crown
T. Pain, Mr. Counsel for the Accused

THURSDAY, JUNE XX, 20XX
MS. NORTH: And the next matter I can deal with is Don Newman, number 19 and 20.
MR. PAIN: Good morning, Your Honour, my name is Pain: P-A-I-N, first initial ‘T’. Mr. Newman is coming before the Court.
MS. NORTH: The…
MR. PAIN: He’s — sorry.
MS. NORTH: The proposal here is, Your Honour, is to have him arraigned on the impaired driving, plead ‘not guilty’ but ‘guilty’ to the offence of careless driving under 606.(4).
THE COURT: Mr. Newman, it is my understanding that you wish to enter a plea of guilty to a charge of careless driving, is that correct sir?
THE ACCUSED: Yes, that’s correct.
THE COURT: Do you understand that if you plead guilty to that offence you will be admitting that you were driving without due care and attention in all of the circumstances and, that you will be convicted of that charge under the Highway Traffic Act?
THE ACCUSED: Yes.
THE COURT: You understand that there will be significant consequences to you, potentially, in terms of acquisition of demerit points on your license and probably some added difficulty in obtaining insurance in the future as a result of this conviction.
THE ACCUSED: Yes.
THE COURT: You have been advised of the sentence the Crown Attorney will be seeking if you plead guilty, am I correct?
THE ACCUSED: Yes.
THE COURT: Is it a joint submission, counsel?
MR. PAIN: Yes, it is, Your Honour.
THE COURT: Do you understand, Mr. Newman, I will listen carefully to both lawyers but in law I am not bound by the agreement they have reached?
THE ACCUSED: Yes.
THE COURT: Has anyone threatened you, or promised you any special advantage, or forced you into wanting to plead guilty today?
THE ACCUSED: No.
THE COURT: You are doing this of your own free will, sir.
THE ACCUSED: Yes.
THE COURT: Can Mr. Newman be arraigned on count one?
CLERK OF THE COURT: Don Newman you stand charged, on or about the 3rd day of September, in the year 2007, in the city of Toronto, in the Toronto Region, while his ability to operate a motor vehicle was impaired by alcohol, did have the care, or control of the motor vehicle, contrary to the Criminal Code. How does the Crown elect to proceed?
MS. NORTH: By summary conviction.
CLERK OF THE COURT: Thank you. How do you plead to the charge as read, sir?
MR. PAIN: On behalf of Mr. Newman, he pleads ‘not guilty’ to the charge as read but pursuant to 606(4) pleads ‘guilty’ to the offence of careless driving under the Highway Traffic Act.
CLERK OF THE COURT: Is that correct, sir?
THE ACCUSED: Yes, that’s correct.
CLERK OF THE COURT: Thank you.
THE COURT: And that is with the consent of the Crown?
MS. NORTH: It is, Your Honour.
THE COURT: And the Highway Traffic Act caution was not read — I assume because the clerk anticipated the plea. How do you plead to the charge of careless driving, sir? ‘Guilty’ or ‘not guilty’?
THE ACCUSED: Guilty.
THE COURT: Thank you.
MS. NORTH: Yes, on September the 3rd of 2007, at approximately two thirty-seven in the morning, Mr. Newman was operating a motor vehicle, he wasn’t paying proper attention and he hit a hydro pole. Fortunately for him, there was a passer-by there, that pulled him out of the car, because the car subsequently blew up, and he actually broke his neck. He — the police officers did smell alcohol at the time. Those would be the facts.
THE COURT: Mr. Newman, would you stand up, please? Do you admit those facts as correct?
THE ACCUSED: Yes, I do.
THE COURT: Facts being admitted, they support the plea. There will be a conviction on the ‘not guilty’ to the charge as read but pursuant to 606(4) pleads ‘guilty’ to the offence of careless driving under the Highway Traffic Act.
CLERK OF THE COURT: Is that correct, sir?
THE ACCUSED: Yes, that’s correct.
CLERK OF THE COURT: Thank you.
THE COURT: And that is with the consent of the Crown?
MS. NORTH: It is, Your Honour.
THE COURT: And the Highway Traffic Act caution was not read — I assume because the clerk anticipated the plea. How do you plead to the charge of careless driving, sir? ‘Guilty’ or ‘not guilty’?
THE ACCUSED: Guilty.
THE COURT: Thank you.
MS. NORTH: Yes, on September the 3rd of 2007, at approximately two thirty-seven in the morning, Mr. Newman was operating a motor vehicle, he wasn’t paying proper attention and he hit a hydro pole. Fortunately for him, there was a passer-by there, that pulled him out of the car, because the car subsequently blew up, and he actually broke his neck. He — the police officers did smell alcohol at the time. Those would be the facts.
THE COURT: Mr. Newman, would you stand up, please? Do you admit those facts as correct?
THE ACCUSED: Yes, I do.
THE COURT: Facts being admitted, they support the plea. There will be a conviction on the charge of careless driving under the Highway Traffic Act. Is the Crown alleging a prior record?
MS. NORTH: No, it isn’t, Your Honour. It is a joint a submission for a $1,200 fine.
THE COURT: Yes. Mr. Pain, what can you tell me about Mr. Newman’s ability to pay that fine?
MR. PAIN: Well, he’s in a co-op program right now, at the University of Waterloo. I’m asking for three months to allow him to pay that, please, Your Honour.
THE COURT: Mr. Newman, is there anything you would like to say?
THE ACCUSED: No, thank you.
REASONS FOR SENTENCING
MARTIN, J (Orally)
THE COURT: Mr. Newman, it is fortunate that you are even alive to stand here and acknowledge your guilt with respect to this charge, given the lack of care and attention and the involvement of some degree of alcohol, and the accident that you had with the hydro pole and its consequences. You could very easily have killed yourself, or worse yet, you could have been responsible for the death or injury of some other innocent motorist or pedestrian. I have considered to your credit your early plea of guilty, your acceptance of responsibility, your lack of any prior involvement with the criminal justice system, and your attendance at school in a co-op program, which would seem to indicate that you have ambitions that you are capable of fulfilling. Your prospects for rehabilitation appear to be good, you can learn from this mistake and move forward with your life in a positive way.
In all of the circumstances I accede to the joint submission of both counsel. There will be a fine in the amount of $1,200, there will be the mandatory fine surcharge under the provincial legislation, and you will have six months to pay the fine.
MS. NORTH: Thank you very much. I ask that the charge of over 80 be withdrawn.
THE COURT: The charge of driving with over 80 milligrams will be marked withdrawn, at the request of the Crown.
MS. NORTH: Thank you very much.
MR. PAIN: Thank you, Your Honour. Your Honour, sorry, on the Newman matter, I was just asking my friend — and the impaired, where he pleaded ‘not guilty’ to — so, is that dismissed or is that — should the Crown be asking that that be withdrawn as well?
THE COURT: It is never marked withdrawn or dismissed; it is subsumed in the plea of guilty to the careless driving…
MR. PAIN: Okay.
THE COURT: …in my experience.
MR. PAIN: Thank you, Your Honour.

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