Client C.L was charged with an Indecent Act in a Public Place. C.L was attending the Malton Community Centre where a witness informed Peel Regional Police there a male sat beside her and an unknown female of the age 13-15 years who were sitting in the “teen area” on a two person couch.
The witness stated that the accused proceeded to rub his penis from outside her pants while looking at the unknown female. There was no exchange of words made by C.L and the witness stated she does not believe the unknown female was aware of what was happening. The witness along with the library staff advised the police the unknown female exited the library prior to police being called. The police located C.L and placed him under arrest for the indecent act was read his rights to counsel and caution all which he stated he understood.
After lengthy discussions with the Crown and Judge during a pre-trial, Mr. Batasar was successful in mounting a defence for C.L and convincing the Crown who agreed based on the merits of the case to a conditional discharge with probation. This result kept the client from receiving a criminal conviction against him and a jail sentence.