Notes

Anjum Et Al V Doe Et Al, 2015 Onsc 5501 Scj Ontario Trial Legal Professionals Affiliation Blog
particular concern for an accused who is well-known to police who might feel that a fairer trial could be obtained with an impartial prosecutor. If you choose to have your trial within the Superior Court of Justice you can also select to have a preliminary listening to within the Ontario Court of Justice.
Such a case will contain a judgement in regards to the reasonableness of the accused’s response in the circumstances. In determining such points, it may be thought
summary conviction vs indictment canada
No finding of guilt or innocence is made at the judicial referral hearing and any expenses that will have been laid relating to that particular AOJO are dismissed by the choose or the justice as soon as a decision is made with respect to the discharge standing of the accused. There are some procedural variations between how the criminal justice system proceeds with summary offences and the means it proceeds with indictable offences, aside from the totally different penalties every type carries. In Superior Court, D.M.E. was sentenced to 12 months’ imprisonment, followed by a 12-month probation interval. When the case went earlier than the Provincial Court for an expected responsible plea, counsel for the accused noted that the knowledge was laid after the six-month limitation interval for summary proceedings had already expired. The Crown admitted the error and urged the court to permit it to re-elect or withdraw the fees. The choose, nonetheless, declared the fees null and granted the accused a stay of the proceedings.
punishable by at least 10 years of imprisonment won't be inadmissible based mostly on critical criminality. [T]he seriousness of criminality punished by a sure length of jail sentence is not the identical because the seriousness of criminality
See the PPSC Deskbook guideline "2.2 Duties and Responsibilities of Crown Counsel". For instance, Crown counsel's election determination should not be made for the sole purpose of prohibiting access to conditional sentences beneath s 742.1(f) of the Code. For instance, if the Crown proceeds by indictment uttering threats can land you up to 5 years in jail. If assault with a weapon is handled as an indictable offence you can stand up to 10 years in jail.

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