Ch.8

Question 1

Summary conviction offence

Answer 1

• Less serious criminal offence, maximum penalty of a fine up to $5000, or six months in a provincial correctional facility or both
• No jury

Question 2

Indictable offence

Answer 2

• more serious crime

- maximum prison sentence of 14 yrs to life

Question 3

Three categories of indictable offences

Answer 3

1) Offences under the absolute jurisdiction of PROVINCIAL courts
2) offences under the absolute jurisdiction of SUPERIOR court
3) ELECTABLE offences

Question 4

Hybrid (elective) offence

Answer 4

Can be proceeded summarily or by indictment, decision made by the CROWN

Question 5

Preliminary Hearing

Answer 5

Hearing to determine if there is sufficient evidence to warrant a criminal trial
Determine whether there is a PRIMA FACIE case (justify the time and expense of case)

Question 6

Electable offences three modes of trial

Answer 6

1) trial by PROVINCIAL/TERRITORIAL court judge
2) trial by SUPERIOR court judge sitting alone
3) trial by SUPERIOR court judge and JURY

Question 7

Pre trial process

Answer 7

Page 203

Question 8

An information

Answer 8

Document that briefly outlines all allegation that a person had contravened a criminal law in a certain location during a certain time

Question 9

On their own recognizance

Answer 9

Accused persons are released and they are responsible for ensuring that they appear in court on the designated date

Question 10

Ways to ensure accused appears in court

Answer 10

Appearance notice
Summons
Arrest

Question 11

Judicial intern release (bail)

Answer 11

The release of a person charged with a criminal offence prior to trial

Question 12

Show cause hearing

Answer 12

The crown must show that detention of the accused is necessary

Question 13

Surety

Answer 13

Someone promises to forfeit a set amount of money if the accused fails to appear in court

Friend/relative that agrees to ensure the accused persons appearance for trial

Question 14

Conditions of bail

Answer 14

Statutory- reporting to bail supervisor

Other- abstaining alcohol or drugs

Question 15

There is evidence that accused persons who are denied bail sand remanded in custody increases ___________

Answer 15

Likelihood that the accused will accept a plea bargain

Question 16

Revolving door

Answer 16

Accused person are criminalizes for behaviour that is otherwise not a crime

Question 17

Remand

Answer 17

The status of the accused persons in custody awaiting trial or sentencing

Question 18

Security certificate

Answer 18

Process where non Canadian citizens who are deemed to be threat to security of the county can be held without charge for indefinite period of time

Question 19

Fitness to stand trial

Answer 19

1) understand the nature or object of the proceedings
2) understand the possible consequences of the proceedings
3) communicate with counsel

Question 20

Plea bargaining

Answer 20

An agreement where an accused pleads GUILTY in exchange for the promise of a benefit

Question 21

Pros of plea bargaining

Answer 21

Saves time and money
Reduces black log of cases
Spares complainants the difficult task of testifying

Question 22

Cons of plea bargaining

Answer 22

Brings the administration of justice into disrepute
Does not follow any policy or guideline therefore is subject to absurd
Innocent defendants cop a plea to avoids being found guilty at trial and receiving more sever sentence

Question 23

Open court principle

Answer 23

With certain exceptions ever stage of the court process must be open and accessible to the public

Question 24

Stay of proceedings

Answer 24

An act by the crown to terminate or suspend court proceedings after they have commenced

Question 25

Crowns task

Answer 25

Prove guilt of an accused person beyond a reasonable doubt

Question 26

NCRMD

Answer 26

Not criminally responsible on account of mental disorder

Question 27

Automatism

Answer 27

R v stone
State of impaired consciousness
Sleepwalking killed mother in law

Question 28

Examples of excuse based defences

Answer 28

Provocation 
Defence of a dwelling 
Self-defence 
Battered woman syndrome 
Necessity 
Consent 
Compulsion/ Duress

Question 29

Procedural defences

Answer 29

Challenging the validity of the applicable law
Challenging the validity of the prosecution
Contrasting the admissibility of evidence by the police
Seeking a remedy for violation of a charter right

Question 30

Three essential attributes of a criminal jury

Answer 30

1) impartiality
2) competence
3) representativeness

Question 31

Restitution

Answer 31

A court ordered payment that the offender makes to the victim to compensate for loss or damage to property

Question 32

Criminal injury compensation

Answer 32

Financial remuneration paid to crime victims