WDW325 lecture 10.docx

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University of Toronto St. George
Woodsworth College Courses
William Watson

What is the mode of trial? You will answer 3 questions. Will there be a preliminary inquiry? Where will the trial be? Who will the judge be? Who is entitles to a PI? Accused charged with a summary conviction matter is NOT entitles to a PI. Prelim=lower court screening of cases destined for the superior court. Trial in lower court = no prelim An accused charged with an indictable offence is entitled to a preliminary inquiry unless it is an offence under sec553. If an accused is charged with an indictable offence other than a 469 or 553 offence the accused has 3 choices of how their trial will be processed. PI always held in a provincial court. s. 469 must be tried by a superior court of justice with a judge…. Drunk driving & narcotics: CDSA, s. 4(1) except as authorized under the regulations, no person shall possess a substance included in schedule I, II, or III. Possession of marijuana or hash is a hybrid offence. If we are found with 10g of marijuana we are in subsection (5) we have an amount less than that listed in schedule 8. What is the mode of trial? No PI. It will be in a provincial court. No jury. What if you are found possessing a 100g of marijuana? We do not fit into the exception listed in sub section (5). We look at subsection (4). It is a hybrid offence. Mode of trial depends on crowns election. If they choose to proceed with summary conviction the mode of trial is the same. If they chose to proceed by indictment is there a prelim inquiry? Is it a 469 or 553? It’s a 553 offence? No matter what happens trial will be in provincial court, no PI, judge alone.R. v. Stinchcombe. Crown has an obligation to disclosed to the defence (before election is made or plea is entered) all information in its possession or control that is (a) not clearly irrelevant. (b) Privileged. Defence has to establish that the records are relevant. STRIP SEARCHES: r.v.golden. limits of power of police to strip search you. Are the police allowed to strip search? Police are entitled to search them after arrest. They search for police protection or evidence of offence charged or to preserve evidence. For strip search to be valid it must be a: 1. Valid arrest. 2. Reasonable and probably grounds to justify the search. 3. Conducted in least invasive manner possible. Unless it is a real emergency, strip searches cannot be done in a public place. PLEA BARGAINING 80% of people charged plead guilty. Why is plea bargaining so important. We do not have the resources to have a trial for every offender who is accused. We need a system that will give incentive for people to plead guilty. Also have to ensure that if accused pleads guilty he will not get some crazy sentence. Plea bargaining: 1. Charge bargaining 2. Sentence bargaining 3. Fact bargaining Which charge are you actually going to plead guilty to? What is a guilty plea?Guilty plea = waive right to trial= relieves the crown of obligation to prove essential elements. Every accused has a right to trial. By pleading guilty they waive one of their fundamental rights. s.606(1.1)- A court may accept a plea of guilty only if it is satisfied that the accused a) is making the plea vol
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