Blog

R. v. S.L. | Examples Of Favourable Verdicts

Posted by:

ONTARIO COURT OF JUSTICE

HER MAJESTY THE QUEEN

V.

SUE LIM

* * * * * * * * * * * * * * *

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

BEFORE THE HONOURABLE MR. JUSTICE XXXX
On XXXX 30, XXXX, at NEWMARKET, Ontario

* * * * * * * * * * * * * * *

CHARGE: s. 253 (a) C.C. – Operate Motor Vehicle While Ability Impaired
s. 253 (b) C.C. – Operate Motor Vehicle While Over 80
Milligrams
s. 252 C.C. – Failure to Stop at Scene of Accident

* * I* * * * * * * * * * * * *

APPEARANCES:

Mr. P. Enright Counsel for the Crown

Mr. T. Pain Counsel for the Accused

THURSDAY MARCH 30, 2006
. . . .
MR. ENRIGHT: Lim is the next case, L-I-M.
MR. PAIN: Good morning, Your Honour.
MR. ENRIGHT: Sue. The second page. It’s about 44 and onwards.
MR. PAIN: Good morning, Your Honour. My name is Pain, P-A-I-N, initial ‘T’. This is Ms. Lim before the court. This, Your Honour, is going to be a plea to a careless driving pursuant to 606 (4) of the Code.
MR. ENRIGHT: So she can be arraigned therefore, I guess, on either count. Impaired will do.
THE COURT: Have you reviewed section 606, counsel?
MR. PAIN: Yes I did.
THE COURT: Thank you very much.
CLERK OF THE COURT: Sue Lim you stand charged on or about the 21st of July 2005 at the Town of Richmond Hill in the Regional Municipality of York and elsewhere in the Province of Ontario while her ability to operate a motor vehicle was impaired by alcohol or a drug, operated a motor vehicle, contrary to the Criminal Code, subsection 253 (a). On September 8th, 2005, the Crown elected summarily. The Highway Traffic Act – the Highway Traffic Act provides that upon conviction of the offence with which you are charged, in the circumstances indicated therein, your driver’s licence shall be suspended for the period prescribed by statute. How do you plead to the charge as read, guilty or not guilty?
MR. PAIN: On behalf of Ms. Lim, not guilty to the charge as read, but pursuant to 606 (4) Ms. Lim enters a plea of guilty to careless driving under the Highway Traffic Act, section 130.
THE COURT: And that’s agreeable to the Crown?
MR. ENRIGHT: The Crown accepts the plea.
THE COURT: Thank you and the facts.
MR. ENRIGHT: The facts arose on the 21st of July 2005. The police officer was on other duties and heard a big crash. As he looked around to observe, he noted a Honda minivan driving westbound on King College Drive with severe front end damage. It was the middle of the night, three forty-two. The officer stopped the car that the defendant was driving. Evidently the car – the defendant uttered words to the effect of why do people park – vehicles park on the road? In any event, another investigation regarding alcohol emanated as a result of this investigation, but it’s certainly clear that while driving that car and hitting the other car, I gather, she was not exercising due care and attention while she was driving.
THE COURT: Counsel is agreeable?
MR. PAIN: Yes I am, Your Honour.
THE COURT: There will be a finding of guilty then. Thank you.
MR. ENRIGHT: My friend has had a pre-trial meeting with one of my colleagues which has resulted in this plea to the different offences and we are going to suggest that there will be a thousand dollar fine imposed under the circumstances. As well she is to make restitution, I believe.
MR. PAIN: yes. I have – I have a thousand dollars in trust which I am prepared to forward to the complainant and I was given the name and address of the complainant.
MR. ENRIGHT: Excellent. Then that need not to be part of – of the …
THE COURT: Time for Ms. Lim…
MR. ENRIGHT: …of the disposition. We’re going to ask as well for a six month driving suspension. I think that was a part of your arrangement.
MR. PAIN: Yes it was. Yes it was, Your Honour.
MR. ENRIGHT: Thank you.
THE COURT: Time to pay?
MR. PAIN: Sorry?
THE COURT: Ms. Lim, the time to pay.
MR. PAIN: I’m going to ask for three months, Your Honour.
THE COURT: Three months. All right. Is that sufficient or does she need some more time in the circumstances?
MR. PAIN: That’s sufficient.
THE COURT: All right, ma’am, there will be a fine of one thousand dollars. You have three months in which to pay that. You will be notified in the mail as well as the victim fine surcharge that attaches to it. In addition you’ll be suspended from driving for a period of six months. Counsel, does she have her license with her?
MR. PAIN: Yes she does.
THE COURT: Could we have that surrendered to Madam Clerk, please, the suspension pursuant to the Highway Traffic Act. The other counts?
MR. ENRIGHT: All withdrawn, please.
THE COURT: The other counts will be noted as withdrawn and then there will be a finding of not guilty to the impaired, but guilty to careless driving. Can we confirm Ms. Lim’s address, please.
MR. PAIN: It is 6 Horner Road in Richmond Hill.
THE COURT: All right. Madam, there will be some documents for you to sign. Is that correct, Madam Clerk, for the Provincial suspension?
CLERK OF THE COURT:: No, it’s not probation.
THE COURT: All right.
CLERK OF THE COURT: It’s – it’s noted…
THE COURT: All right.
CLERK OF THE COURT: …on the information.
THE COURT: Fine. No documents for you to sign. You’re free to go, ma’am, and you’ll be notified. Don’t drive home.
MR. ENRIGHT: Thank you, Your Honour.
MR. PAIN: Thank you, Your Honour…
THE COURT: Thank you.
MR. PAIN: …and thank you my friend.
MR. ENRIGHT: You’re welcome.
. . . .
CLERK OF THE COURT: Your Honour.
THE COURT: Yes.
CLERK OF THE COURT: If I could go back to the Sue Lim matter.
THE COURT: Yes.
CLERK OF THE COURT: I just notified the trial coordinator that there was a day set aside on July 25th in Courtroom 105 for a trial and I have let her know that it is now freed up.
THE COURT: Thank you.
. . . .
* * * * * * * * * * * * * * *

0


About the Author