Criminal Trial Issues

Question 1

Jury Trials

Answer 1

s.11(f) jury is a choice if facing 5years or more

Question 2

s.626 criminal code

Answer 2

• provincial right to set qualifications for jurors
• Ontario - juries act, random draw
• excludes: minors, judges, lawyers, first responders

Question 3

s.632 criminal code

Answer 3

• can excuse jurors who have a personal relationship with a trial participant or would suffer personal hardship to serve

Question 4

mental fitness to stand trial

Answer 4

s.672.22 - presumed mentally fit, any aprty can raise issue of fitness
s.2- ‘unfit to stand trial’ defined as unable to
- understand nature or consequences
- communicate with counsel

Question 5

Time Limits

Answer 5

Summary - s.786(2) no process after 12 months federally, 30 days provincially
Indictable - no time limit

Question 6

Evidence Issues

Answer 6

• presented through witnesses, must be relate to:
  – actus rea, mens reas if required
  – identity
  – credibility of witnesses

Question 7

Questioning

Answer 7

• can’t ask leading questions of own witness, but permitted in cross examination

Question 8

Expert witness requirements

Answer 8

1. subject matter of testimony is beyond knowledge of judge and/or jury
2. witness really is an expert

Question 9

objections

Answer 9

lf the lawyer on the other side asks a question that will trigger an irrelevant, prejudicial or inadmissible answer

Question 10

Hearsay

Answer 10

• not admissible except for out of court statements such as police questioning and a reasonable expectation of imminent death

Question 11

Defences

Answer 11

• intoxication
• automatism
• s.265 consent to assault
• s.34,35 self defence
• s.16 mental disorder