Case Management Flashcards
Test for RPC
Higher than a prima facie case (properly instructed jury could convict) less than a probability of conviction (more likely than not)
What type of assessment does RPC require?
Limited assessment of credibility, admission of evidence and likely defences
What should a ₢ look to when assessing credibility for RPC?
- Witnesses veracity
- History of dishonesty
- Motive to lie
- Inadequate opportunity to observe
- Irrefutable evidence of lying
What should a ₢ look to when assessing reliability for RPC?
- Accuracy of witness’ account
2. Ability to accurately observe, recall and recount events
When should RPC be assessed?
In all cases at all stages
What are the factors in assessing Public Interest?
- Gravity of the incident
- Circumstances and views of victim (security of victim)
- Age/health/mental health of involved parties
- Prevalence of type of offence
- Resulting conviction unduly harsh or oppressive
- Whether accused is willing to cooperate
- Likely outcome in event of finding of guilt
- Availability of alternatives to prosecution
s. 28 of the CEA
Certified copies of court documents required for FTC charges
s. 72 of the Child and Family Services Act
Obligation to report to CAS in an case where there is reasonable suspicion that child is in need of protection
Factors to consider re: Diversion
- Background of accused
- Circumstance and nature of offence
- Administration of justice
Diversion - Background of Accused
- Age
- Prior findings of guilt and past diversion
- Outstanding charges
- Degree of accused’s responsibility
- If accused has been previously victimized
- Remorse or restitution
- Physical and mental health concerns
- If accused is from a disadvantaged group
- If accused is Aboriginal
Diversion - Circumstances and Nature of Offence
- Summary vs Indictable
- If violence was involved
- Serious BH foreseeable
- Actual harm to victim
- Sexual integrity of victim
- Weapons used/threatened
- Intention or attempt to cause substantial property damage
- Offence against administration of justice
- Breach of trust
10: Bias, prejudice or hate - Prevalence of type of offence in the community
- Views of victim
Diversion - Administration of justice
- Public confidence
- Length of time to trial
- Likely sentence upon conviction
- Availability of appropriate sanction - culturally relevant
- Frailty in ₢ case
- Consequences unduly harsh
- Just result by referral to diversion
When should ₢ repudiate resolution agreement?
- On rare occasions
- Would bring the administration of justice into disrepute
- Accused can be returned to his original position
- Can constitute abuse of process under s.7 if results in trial unfairness or undermines the integrity of the judicial process
Resolution Discussions
- ₢ required to honour all agreements
2. Should not be regarded as contractual obligation
s. 787
General penalty for summary conviction - 6 months or $5000 - **check this