[LAWS 2302] - Midterm Exam Guide - Comprehensive Notes for the exam (21 pages long!)
Document Summary
74-98: procedural overview, procedure classifications of offences. Indictable (3 types of offences)- judge and jury. Hybrid- can be either indictable or summary (crown decides what they will charge with: offences triable only by indictment. Most serious offences- usually the offence section or its penalty section sets out the punishment applicable to the offence- if it doesn"t s. 743 of the code provides a max of five years imprisonment. Most serious offences- given into the exclusive jurisdiction of the superior court of criminal jurisdiction (in ontario- the superior court of justice) Least serious are absolutely within the jurisdiction of a provincial court judge (in ontario- the judge of the ontario court of justice) The superior court has exclusive jurisdiction: no other court can try these offences. The provincial court has absolute jurisdiction: the provincial court jury is absolutely entitled to try these offences in the sense that she id not dependent on the accused electing to be so tried.
