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LAWS 3307 (5)
John Hale (2)

Lecture 1.docx

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LAWS 3307
John Hale

Lecture 1 DCRIMINAL PROCEDURE IN A NUTSHELLAges 1217 is considered youthdate of offence is important not the time of arrest Seeing a significant decline in charges in youth cuz of the YCJA Open custodylike a group home you can walk out the door Securedjail AClassification of Offences1Summary Conviction less serious s7872000 andor 6 months jail1some exceptionseg death threats 18 mos jails7351b 2ifis a corporation fine can be up to 10000036 month limitationcant be charge for an offence after 6mnths 4lawyer can appear as agent5trial is in Court of Justice6appeal is to Superior Court and then to Court of Appeal7No Jury choice 2Indictable Felony s743 85 years jail unless otherwise provided diff for youth9s7351ano maximum fine if corporate accused10No limitation on when person can be charged 11Must attend court personally or by designate12Accused has election re mode of trial13Appeal is to Court of Appeal14Choice of jury trial judge or both3Hybrid Crown election offencesIf it has been more then 6 months crown must proceed by indictmentIf crown wants to avoid a jury trial they may also proceed by indictment Supersummary offences crown election offences such as Sexual Assault where the max jail term on a summary election is 18 mnths instead of 6 mnthsA cross between the 2 Crown chooses whether to charge as summary or indictableso crown can choose if they want a higher sentence or lower
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