Part 3.3 - Summary Hearing Divs 1-3 - Joint or separate hearing of charges, Diversion program; Sentence indication Flashcards
S56 Multiple charges on single CS or multiple A named on single CS
56 (1) presumption matters heard together if 2+ charges on one charge sheet or (2) and if charge sheets names 2+ accuseds
(3) but must file separate CS against each accused
S57 Joint hearing of charges on separate charge-sheets
57: MC can order that any number of charges in separate CS be heard together on application of prosecutor/accused
58 Order for separate hearing
58: MC can order (1) charges/ (2) accuseds be heard separately
(3) MC Can so order if (a) considers that A may be prejudiced because of more than one offence in same charge sheet or
(b) hearing with co-acc would prejudice fair hearing of charge against A, or
(c) for any other reason it is appropriate to do so
(4) Can so order At any time before or during hearing
(5) If MC does this, pros can elect which charge goes first.
(6) Procedure on separate hearing same as if chrge in sprte CS
(7) If the MC makes an order for a separate hearing under subsection (1) or (2), the court may make any order for or in relation to the bail of the A that the court considers appropriate
S59 - Adjournment to undertake diversion program (for SO/IOTS unless min penalty, if A acknowledges, appears apropo, P&A consent - up to 12 mths - if completed, no plea taken, discharged w/o guilty finding)
Does not apply to: (1)(a) An offence punishable by mandatory minimum sentence or penalty incl licence cancellation, disqual, but not including only the incurring of demerit points
(b) 49(1) Road Safety Act offence
When? (2) At any time before entering a formal plea for summary offence/IOTS, If
● (a) A acknowledges responsibility to the Court for offence
● (b) Appears appropriate to MC, informing itself in anyway considers appropriate, that A should participate in DP
● (c) P and A consent
the MC may adjourn the proceeding for a period not exceeding 12 mths to enable the A to participate in and complete the DP
(3) Acknowledgement is not admissible in any later proceeding and is not a plea.
(4) If A completes to MC satisfaction,
(a) no plea to the charge is taken and
(b) MC must discharge accused without finding any guilt.
(c) Not treated as a finding of guilt except for Pt 4 of sentencing act (orders in addition to sentence).
(d) It’s a defence to a later charge for the same offence or similar offence arising out of the same circumstances.
(5) If doesn’t complete DP satisfactory, and then FG, MC must account for extent to which A complied with the DP when sentencing.
60 Court may give sentence indication (at any time for Summ/IOTS, unless insufficient info re victim impact)
60(1) At any time during proceeding for summary offence or IOTS, MC can indicate it would be likely to (a) impose a sentence of imprisonment or (b) sentence of specified type
if accused pleads guilty to charge for offence at that time
(2) MC may decide not to give SI if considers doesn’t have sufficient information re: impact of offence on victim.
61 Effect of sentence indication (if PG, binds, if not PG, must be new Mag, SI doesn’t bind, decision re: SI final/conclusive, doesn’t prejudice appeal rights)
61(1)(a)-(b) If A gets SI and then PG at 1st available opp,
crt must not impose more severe sentence than indicated.
(2) (a)(b) If A gets SI but does not PG at first available opp, later Court that hears and determines charge must be constituted by a diff Mag unless all parties agree
(3) The earlier SI does not bind later Mag
(4) Decision to give or not give SI is final and conclusive.
(5) Application for SI and its determination not admissible against A in any proceeding
(6) doesn’t affect right to appeal ats. sentence
