LAWS 3307 Lecture Notes - Lecture 5: Endangerment, Young Offenders Act, Mental Disorder
Document Summary
Facts: accused was charged for operating a vehicle with high blood alcohol level. Trial judge ignored accused testimony on basis that it was not credible and deemed him guilty. The purpose of a criminal prosecution is not to obtain a conviction it is to law before a jury what the. Crown considers to be credible evidence relevant to what is alleged to be a crime. The role of prosecutor excludes any notion of winning or losing: v. stinchcombe (1993, scc) 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision), (e) at a review of a youth sentence held before a youth justice court under this. Act, (f) at a review of the level of custody under section 87. In other words, the justice before the hearing, trail or review, shall advise the youth of the right to retain and instruct counsel and shall give them a reasonable opportunity to obtain counsel.
