LAWS 2302 Midterm: Midterm Study Notes
8 Apr 2018
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Indictable offences= triable by only judge or jury (includes treason, felonies and misdemeanours) Summary offences= triable only by justices of the peace sitting without a jury. Dual offences= (hybrid) the crown elects to either proceed by indictment or by summary conviction. Murder trials and all jury trials are confined to superior court. S. 743 of the criminal code declares a max of 5 years imprisonment. Person must be personally present at all stages of the proceedings (ss. 650 (. 01 and . 02) say they can appear in different ways) Most serious cases go to the superior court within the jurisdiction (in ontario this is the. Less serious cases go before the provincial court. S. 563. 1 and 565 of cc says that the accused can change their mind on the elected method of proceedings. The right to re-elect form of trial based on (a) original election (b) point in time during trial when the accused wishes to re-elect (c) whether the crown consents.
