1st Year Important bits Flashcards
when can the crown elect summary or indictable
in first appearance court, if it’s a hybrid offence
what is the necessity to keep an accused person locked up or otherwise restricted with bail conditions to ensure they will show up in court
primary ground
what is the time limit for laying charges for an indictable offence
no time limit
what are mitigating circumstances
reasons for decreasing a sentence
what is hearsay evidence
out of court statements being presented by someone other than the person who initially made the statement
what is examination in chief
examining your own witness
whata re the two grounds for showing cause
primary ground- to ensure the accused will attend court
secondary ground- detention is necessary for the safety of the public
how many jurors are present for each criminal trial
12
what is a challenge for cause
one of the reasons listed in the CC for keeping someone off a jury
what is viva voce evidence
evidence via witnessess orally
what is a provision in a statute that purports to prevent a court from reviewing the decisions of administrative tribunals
private clause
what is a private clause
a provision in a statute that purports to prevent a court from reviewing the decisions of administrative tribunals
what is a court order eliminating a criminal or quasi-criminal charge
dismiss
what are the exceptions to hearsay rule
- dying declaration
- admission against interest
- if aleged to be statement made by accused
what is the wrongful act or insult that is enough to deprive an ordinary person of self control
provocation
what is provocation
wrongful act or insult that is enough to deprive an ordinary person of self control
what is the other word from a hybrid offence
dual procedure offence
what are aggravating circumstances
factors related to the offence that could justify judge imposing a more severe penalty
what are factors related to the offence that could justify judge imposing a more severe penalty
aggravating circumstances
must the crown give full disclosure in a criminal case
yes
who issues a warrant
judge or JP
what is an explanation of an accused’s behaviour that may result in a conviction for a lesser and included offence rather than the more serious offence charged
partial defence
what is a partial defence
explanation of an accused’s behaviour that may result in a conviction for a lesser and included offence rather than the more serious offence chargedd
do courts always have the right to appeal
yes
what is the right to be brought before a judge to have the validity of incarceration assessed
habeas corpus
what is expert’s point of view on an evidentiary issues called
opinion evidence
who determine the sentence
always judge (never jury)
what is a preliminary inquiry
a hearing where crown has onus to establish that it has some evidence on each element of the offence so that the charge(s) ought to procees to trial
what is a hearing where crown has onus to establish that it has some evidence on each element of the offence so that the charge(s) ought to procees to trial
preliminary inquiry
where are the arrest powers for peace officers found
s2 of the CC
what is our trial system used
adversarial system
involving a contest between the parties, with a judge acting as an independent arbitrator
adversarial system
a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision
expert witness
what is an expert witness
a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision
what a prosecutor has to establish at a preliminary inquiry to convince a judge to send the case to superior court for trial
-some evidence for each section of the charge as described in the statute
prima facie case
