Final

Question 1

When and where does the pre-trial procedure occur?

Answer 1

Happens in court prior to court date

Question 2

3 Key moments in pre-trial appearances

Answer 2

Initial Appearance
Arraignment Hearing
Trial Confirmation Hearing

Question 3

Who are the 3 players in the adversarial system?

Answer 3

Judge
Crown
Defense Counsel

Question 4

What are the three constitutional protections that ensure judicial independence.

Answer 4

Security of tenure,
Financial security, and
Administrative independence.

Question 5

What are the 3 types of privileged information that crown can protect?

Answer 5

Protection of police Informers
Solicitor Client privilege
Protection of police investigative techniques

Question 6

What is first party record evidence?

Answer 6

Evidence that is in possession of police or c rown

Question 7

Ethical differences between Crown and Council?

Answer 7

crown has to disclose everything while defence doesnt have to disclose anything

Question 8

Is Plea bargaining binding to the Judge?

Answer 8

No

Question 9

What can a plea involve?

Answer 9

Plea to same offence
Plea to different offence
Agreement on facts to be submitted
Agreement on sentence to be asked for

Question 10

What is the purpose of plea bargaining?

Answer 10

Avoids trial
Avoids witnesses having to testify
Avoids potential loss or problems
Avoids potential bad case law
Helps manage trial schedules in court

Question 11

What is a guilty plea vs a non guilty plea

Answer 11

Guilty = you admit crown can prove everything, and waiver of charter right (must be voluntary)
Not guilty = no admission, showing up saying you want a trial, can change your mind at anytime

Question 12

What offences can the accused plea to?

Answer 12

Can be the offense as charged
Can be some of the offenses and not all
Can be lesser included offense
Can be completely new offense
Can roll counts together

Question 13

What is a preliminary Inquiry

Answer 13

A screening process to ensure only viable cases go to trial
Crown must lead some evidence on each element of the offence, does not ave to be beyond a reasonable doubt
Judge can discharge or say the accused must stand

Question 14

What are the 3 basic grounds for attacks on the information?

Answer 14

Insufficiency
Duplicity
Improper joinder

Question 15

What is the structure of a trial?

Answer 15

Crown opening
Crown evidence
Defence motions re crown case (can challenge that crown has not proved its case)
Defence opening
Defence evidence
Closings
Decision

Question 16

What are the two motions defence can make to have charges dismissed?

Answer 16

No evidence

Insufficient Evidence motion

Question 17

Who could be disqualified from being a juror

Answer 17

) A person is disqualified from serving as a juror who is:
Not a Canadian citizen,
Not resident in British Columbia,
Under the age of majority,
A member Parliament ,

Question 18

How is a Jury picked?

Answer 18

Impartiality and representative
Sheriff assembles an “Array”
Large group of people from voters list
Summonsed to appear at selection date
From this “Array” the jury “Panel” is selected.

Question 19

How is a juror challenged?

Answer 19

As their name is called, they step forward in front of the judge, crown and defence, and counsel my accept them by indicating “content” or challenge them either PEREMPTORILY or FOR CAUSE

Question 20

What happens if the jury can not reach a unanimous

Answer 20

It results in a hung jury

Question 21

Principles of sentencing

Answer 21

Lowest sentence appropriate
Non-jail if possible
similar sentence for similar offenders and similar offences
Incremental increase for repetition of offences
Proportional to gravity of offence
Credit for dead time 1 for 1 usually

Question 22

Key guiding principle of sentencing

Answer 22

A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender.

Question 23

Sentencing options the judge has?

Answer 23

Absolute Discharge
Conditional Discharge
Probation
Fine
Conditional Sentence of Imprisonment
Imprisonment
Intermittent sentence

Question 24

What kind of appeals against the verdict or sentence are available to Crown and Defence?

Answer 24

Crown limited to arguing an error of law

Defence can argue error of law or error of fact

Question 25

Three options the appeal court has?

Answer 25

Court can dismiss appeal
Allow appeal and order new trial
Allow appeal and reverse verdict- except in jury trial acquittal