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LWSO 203 - Criminal Law - Offences.docx

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University of Calgary
Law and Society
LWSO 203
Marywyatt Sindlinger

Criminal Code of Canada Assault Provisions Parties in a criminal prcedings: albtrass - the crown - Prosecuted by the state on everyone’s behalf (the state) - The accused/ defendant. After found guilty they are called the offender - Jointly: one trial, each have own lawyer. or severed trials: three trials, three different prosecutors. Want a seperte trial when you are the crown because all three accused in one trial none of them can be compelled to give any evidence. Three separate trials may be compelled as witnesses in the trial of bad guy 3. Force these criminals to give testimony against each other in a separate trial. Three classifications of offenses: -summary conviction offense: less erious. Max penalty is 6 months in jail and or a fine to a max of $2000. Causing a disturbance, an indecense act. Commit act, polioce gives appearance notice based on some charge. When you get to court your name is called and an information is laid, a statement I ___ have resonalble grounds to believe that this guy commited this offence. This is sowrn by the justice of the peace , under oath. You an say your not ready to plead and get an adjornment, or say yes and I amd guilty I am ready to plead, or yes I am ready to plead I plead not guilty then set trial date. PSR: presentence report, adjorn it to another day and get some history/ background about this person before they do the senteceing. The trial must be held in the provincial inferior court, criminal court. There are no jurries in these inferior courts. The crown must proove the case beyond a reasonable doubt, that the accused commited a crime. Above 95%. During the trial they have bouir drie (here say): which is a mini trial within a trial to determine if certain evidence is admissable in the trial. After the trial the judge determin is th individual is guilty or not guilty. If they are guilty they are sentenced, can be done immediately or d=adorjned to another day. And a peal from a summary conviction trial is to the provincial superior court ( court of queens bench). -endictable offences: the most serious in the criminal code. Ex. Robbery, bande, murder. Maximum senetnce is life imprisonment any monetary amount.If picked up in this offence you are generally putin jail. First Appearance will be put infront of a bail judge or inferior court judge in a bail hearing (should you be let out of jail?). Then comes and election, the accussed has an elections to determine where nd how they are tried (in the inferior provincial court, or superior provincialccourt). In inferior provincial court has no juries and only one judge, it will follow the same procedure as a summary conviction offence with one exception if there is an appeal it will be to the public appeal of alberta. It is a speaicalized court only deal with criminal cases and are very familiar of criminal law. In the superorir court they have lawyers that are not necesariyl major criminal law lawyers. In superioir court: they then have the choice if they want a judge alone or a judge and a jury. If you think yur accused is sympathetic for acertain reason, they probalu want a jury trial. Also in superior they have the option of a preliminary inquireing: which takes place in the provincial court inferior, and the crown has to present enough evidence toshow there is a premfacy case against the accused. It is a really good place to test evidence, it is said underoath, and all the parties get to see how the witnesses perform and to get their testimony under oath.if there is not enougb evdiecne at the end of the case the accused can ask to dissmiss the case because of lack of evidence. When they get to trial the formal enditement is read to the accused. They put in their formal plea (usually not guilty). Then calling of evidence and cross examination a boire dire. At the end of the trial if there is a jury present the court must instruct or charge the jury what does reaosnable doubt mean, what the charges are, and instrucy=tion of procedure and summary of the case. The jury deliberates in private and in secret. The jury comes bac and says guilty of=r not guilty. Sentencing will not likely take place then if guilty, the jury is excused if guilty, Juries do not sentence the accsued only the judge does. Once sentenced and appeal for an editable offence is to the apeal of alberta court. The accused can plead guilty at any time. - hybrid offences: an offence that can be either a summary or enditable offence. The decision to dteremine the type of the offence is up to the crown at the very beginning. The charge is read to the accsued, crown then says how they want to precede. This is based on thes efactors: the seriousness of the offence, the accused (is it their first offence), damages to the victim, cost involved. -section 553 of the criminal code: these are enditable offencees but the least serious of the most serious. Property offenses les than $5000. There is no election for these. Must be in provincial inferior court. -section 469 most serious of enditable offense: murder treason piracy, hijacking. Can only be tried in superior court with ajudge or jury a=unless ther
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