notes from slides Flashcards
purpose of preliminary inquiry
to determine whether the Crown has sufficient evidence to warrant committing the accused to trial
filtering out weak cases that do not merit
Why does disclosure only have to be made if the
accused asks for it?
The duty to disclose is engaged once the accused requests information from the crown any time after the charge has been laid. If the defence fails to raise the issue and remains passive, they are less able to claim that non-disclosure affected trial fairness
why is disclosure automatic
Disclosure is not automatic primarily due to a need to balance the accused’s right to a fair trial with other important considerations, such as privacy, confidentiality, and the potential for misuse of disclosed information
when should request for disclosure be made
The duty to disclose is engaged once the accused requests information from the crown any time after the charge has been laid
as soon as possible
What if the crown gets new info after disclosure
already made?
continuing duty to disclose that new information to the defense
Exculpatory Evidence
things that tend to prove ur inncocent (I didn’t do it)
Inculpatory Evidence:
things that tend to prove ur guilty (I did it)
levels of privlege
level of confidentiality that is not the highest
- Confiedence is higher
- Lawyer has C (confidential) doctor has P (mostly protected)
Medical record
- Can crown claim privilege over medical record
Relevant to case and change outcome
if there is a new law during a trial____
does not apply - unless otherwise stated in new law
grandfather rule
- If charge with historical offence
- Apply law of that year to that trial
- Fe in trial today for offence done in 2012
if adjourmnet for no disclosure good reason?
yes
is hearsay privledged?
no, its public and supinable
if statement against interest then it can be used
pretrial steps
- conferences
- plea bargaining
- applications
can crown walk away from plea bargain
yes
when is functus offico
end of trial when sentence given
What are hybrid offences?
can be prosecuted as either a summary conviction offence or an indictable offence
Is there a list of them anywhere?
yes, CC
what are the modes of trial one may elect to have
an accused person can elect to be tried by a judge alone, or by a judge and jury. If they don’t elect a specific mode of trial, they are deemed to have elected a judge and jury tria
do prelim assess credibility of witnesses
no, leaves it to jury
do prelim judge draw inferences on facts
no. leaves it to jury
what is jordan’s companion case?
williamson
evidence
Anything (including oral testimony, physical objects, written, oral or recorded materials etc.) tendered in court to prove or disprove, or to assist in proving or disproving a fact.
direct evidence
proves a fact w/out having to draw any inferences
Low Probative Value:
Defendant has an argument with his neighbour, then, later that day, a
different neighbour is found murdered. Evidence of the argument with
one neighbour is likely of low probative value in the case of the death
of a different neighbour
rebuttal
evidence or arguments presented to counter, disprove, or contradict the opposing party’s evidence or argument
way to respond to the other side’s claims and offer alternative explanations or refutations
T/F crown can split case
F
Direct evidence
Witness testifying to smth they directly experienced, recounting events as they saw, heard, smelled, etc
circumstantial evidence
Involves a witness testifying as to circumstances from
which the adjudicator may infer that certain facts
existed (e.g. fingerprints at a crime scene permits an
inference the person to whom the prints belong was
at the scene)
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
why did rv jones get 24 remedy and not edwards
Police obtained from Telus of text messaged between J and co-accused
Texts exist on phone AND database
J had standing to challenge bc it was HIS messages and HIS info
E rights to search were not affected so did not have standing to apply
Standing - anyone whose rights have been affected
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial.
conscriptive evidence
evidence obtained by compelling an accused person to incriminate themselves, often through a statement or bodily sample, in violation of their Charter right
