March 24 Lecture

3 Pages
Unlock Document

University of Toronto St. George
Woodsworth College Courses
William Watson

WDW325 March 24, 2011 Mode of Trial Lecture 9 1. Will there be a preliminary inquiry 2. Where will the trial be held (courthouse in Ontario, but which; superior, Ontario etc.) 3. Who will hear the trial (judge, judge and jury, superior judge, Ontario court judge etc.) Preliminary Inquiries -always take place in the Ontario court of justice -before disclosure, preliminary inquiry was where the disclosure came from -was set up as a mechanism for seeing whether there was enough evidence to send a case for trial -only cases with initial showing of merit continued on -have been political moves to abolish this step TEST: the case will go to trial if there is some evidence upon which a properly instructed jury could convict; in effect, it requires some evidence on each of the elements of the offence -the judges only option is to send the case to trial if it meets the test -preliminary inquiry serves disclosure function -crown also gets to see how strong their case is (solid witness, evidence etc.) Side effect: allows the defence to set up the case for trial at the preliminary inquiry; pin down one version of events Who gets a preliminary inquiry 1. Any accused charged with a summary conviction offence does not get a preliminary inquiry 2. In a hybrid situation; if the crown chooses to proceed summarily there will be a preliminary inquiry; some indictable offences
More Less

Related notes for WDW101Y1

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.