CRI210H1 Chapter Notes - Chapter 5: Crown Attorney, Indictable Offence
Document Summary
Majority of cases prosecuted in lower level provincial division courts. Crown attorneys responsible for alleged criminal & quasi criminal offences /win province agencies/general public. Drafting court documents, providing professional advice to police/related. Thorough knowledge of criminal law & procedure 7 rules of evidence. Sound judgment & healthy degree of common sense. Come to just result from evidence presented at trial. Role of defence be openly partisan toward client. Duty to protect client from being found guilty. Not obligated to assist prosecution at trial entitled to assume entirely adversarial role toward prosecution. Burden of proving guilty always with prosecution. Receives brief of allegations from agency responsible for laying charge. Ongoing process completed before data can be set for preliminary inquiry/trial. 2) in public interest to discontinue prosecution even if reasonable prospect of conviction. 5) offer of diversion should be made to accused. No reasonable prospect of conviction must terminate prosecution. Age & health (physical & mental) of accused/witness.