Ch.8 Flashcards
Summary conviction offence
- Less serious criminal offence, maximum penalty of a fine up to $5000, or six months in a provincial correctional facility or both
- No jury
Indictable offence
- more serious crime
- maximum prison sentence of 14 yrs to life
Three categories of indictable offences
1) Offences under the absolute jurisdiction of PROVINCIAL courts
2) offences under the absolute jurisdiction of SUPERIOR court
3) ELECTABLE offences
Hybrid (elective) offence
Can be proceeded summarily or by indictment, decision made by the CROWN
Preliminary Hearing
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)
Electable offences three modes of trial
1) trial by PROVINCIAL/TERRITORIAL court judge
2) trial by SUPERIOR court judge sitting alone
3) trial by SUPERIOR court judge and JURY
Pre trial process
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An information
Document that briefly outlines all allegation that a person had contravened a criminal law in a certain location during a certain time
On their own recognizance
Accused persons are released and they are responsible for ensuring that they appear in court on the designated date
Ways to ensure accused appears in court
Appearance notice
Summons
Arrest
Judicial intern release (bail)
The release of a person charged with a criminal offence prior to trial
Show cause hearing
The crown must show that detention of the accused is necessary
Surety
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
Conditions of bail
Statutory- reporting to bail supervisor
Other- abstaining alcohol or drugs
There is evidence that accused persons who are denied bail sand remanded in custody increases ___________
Likelihood that the accused will accept a plea bargain
Revolving door
Accused person are criminalizes for behaviour that is otherwise not a crime
Remand
The status of the accused persons in custody awaiting trial or sentencing
Security certificate
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
Fitness to stand trial
1) understand the nature or object of the proceedings
2) understand the possible consequences of the proceedings
3) communicate with counsel
Plea bargaining
An agreement where an accused pleads GUILTY in exchange for the promise of a benefit
Pros of plea bargaining
Saves time and money
Reduces black log of cases
Spares complainants the difficult task of testifying
Cons of plea bargaining
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
Open court principle
With certain exceptions ever stage of the court process must be open and accessible to the public
Stay of proceedings
An act by the crown to terminate or suspend court proceedings after they have commenced
Crowns task
Prove guilt of an accused person beyond a reasonable doubt
NCRMD
Not criminally responsible on account of mental disorder
Automatism
R v stone
State of impaired consciousness
Sleepwalking killed mother in law
Examples of excuse based defences
Provocation Defence of a dwelling Self-defence Battered woman syndrome Necessity Consent Compulsion/ Duress
Procedural defences
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
Three essential attributes of a criminal jury
1) impartiality
2) competence
3) representativeness
Restitution
A court ordered payment that the offender makes to the victim to compensate for loss or damage to property
Criminal injury compensation
Financial remuneration paid to crime victims
