March 31 Lecture

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Woodsworth College Courses
William Watson

WDW325 March 31, 2011 Recap and Final Topics Lecture 10 Mode of Trial Issues to decide 1) Will there be a preliminary inquiry? 2) Where will the trial be held? OPTIONS: Ontario Court of Justice or Supreme Court of Justice 3) Who will hear the trial? OPTIONS: Judge of Ontario Court, Judge of Supreme Court, Judge of Superior Court with jury Who is entitled to a preliminary inquiry? 1) Accused charged with a summary conviction is NOT entitled to a preliminary inquiry 2) An accused charged with an indictable offence is entitled to a preliminary inquiry UNLESS it is an offence under s.553 which must be tried in the Ontario Court of Justice 3) If the trial is in the Ontario Court of Justice, there will be no preliminary inquiry If an accused is charged with any indictable offence other than those in s.493 or s.553, the accused has 3 choices of how their trial will proceed: 1) Trial by provincial court judge no preliminary inquiry 2) Trial by superior court judge without a jury OR choose preliminary inquiry 3) Trial by superior court judge with a jury choose preliminary inquiry Special Rules 1) S.469 offences: must be tried by a Superior Court of Justice with a judge and jury unless the crown and accused consent to trial without a jury 2) S.553 offences: must be tried in the provincial court (therefore no preliminary inquiry) Determining Mode of Trial Step 1: Is the offence summary, indictable or hybrid? If summary conviction offence
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