LEGL-220 Lecture Notes - Lecture 3: Private Prosecution, Inherent Jurisdiction, Affidavit
9 Nov 2017
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Hybrid (can be prosecuted either as summary conviction or indictable. Lower court - called court of criminal jurisdiction by judge alone in provincial court of alberta. Higher court - called superior court of criminal jurisdiction by judge alone in court of queen"s bench alberta. Accused has no election for certain indictable offences: cc s 469 offences (murder) must be tried by higher court with judge and jury, cc s 553 must be tried by lower court alone. Territorial jurisdiction: general rule: only liable for an offence committed on canadian. Jurisdiction in time: no limitation period for indictable, if something was not a crime when you did it but activity made a crime. If hybrid offence then crown elects summary or indictable. If summary, accused enters the plea and trial date set. If accused elects prov ct then trial date set. If accused elects qb judge alone or qb judge & jury date for preliminary inquiry is set.
