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15 Cards in this Set
- Front
- Back
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What type of law does parliament make? |
Criminal law |
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What type of offenses does provincial legislation contain? |
Quasi Criminal offences Cannot contain offenses that are considered True Crimes |
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What three features distinguishes a true crime? |
Contain exclusively in federal law
A loss of Liberty for an offender
Attract due process rights |
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When a provincial law presents a potential loss of Liberty to an alleged Defender, what must it provide? |
An opportunity to show that he took all reasonable steps to comply with the law
Provincial legislators may not enact an absolute liability offense that attracts a term of imprisonment |
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What is an absolute liability offense? |
Does not permit a defense and you face jail time |
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What is the structure of the criminal code? |
Part 1 covers general principles (e.g s.19: ignorance of the law is no excuse for committing a crime)
Part 2-13 Define offences and penalties
Part 14-24 cover rules for proceeding a criminal case through the court |
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What is laying of the information? |
The informant swears before a Justice of the peace That they have reasonable grounds for believing the named accused has committed the offences alleged |
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In a summary conviction offence when must the court proceedings commence? |
No later than six months after the offense is alleged to have occurred |
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What is absolute jurisdiction offenses? |
All section 553 offensive must be tried at the provincial inferior Court Meaning the accused person cannot have a trial by Superior Court Judge with or without a jury |
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Can the Provincial Superior Court also preside over the trials of S.553 offenses? |
Yes, Because S.468 of the criminal code says that every Superior Court Judge has "jurisdiction to try any indictable offense" |
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What are exclusive jurisdiction offenses? |
S.469 offenses must be tried in a provincial Superior Court Can never be prosecuted by provincial inferior judges |
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What is the general trial procedure? |
Opening statement by Crown - blueprint of evidence to come Opening statement by the defense, (if crown consents) - nature of defence Crown's case Defense case Closing submissions |
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What is the typical format of the Crown's case? |
Crown Witnesses testify Witness A testifies in Chief (direct) Witness A is cross-examined Witness B testifies in Chief (direct) Witness B is cross-examined |
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Where are preliminary inquiries held? |
Provincial Lower Court |
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What is a preliminary inquiry? |
Court hearing to determine Whether the Crown has produced sufficient evidence upon which a properly instructed jury COULD convict the accused person at the trial |
