CRIM 330 Chapter Preliminary Inquiry: CRIM330: PRELIMINARY INQUIRY AND PRE-TRIAL MATTERS CASES

• School: Simon Fraser University
• Department: Criminology
• Course: CRIM 330
• Professor: David Mac Alister

Document Summary

Preliminary inquiry + pre-trial matters: v. nixon 2011 scc 34, 27 c. c. c. (3d) 36, 85 c. r. (6th) 1 (s. c. c. ) Area of law: plea bargaining, impaired driving causing death/bodily harm, dangerous driving causing death/bodily harm. Facts: n was charged with 7 offences after she drove through a stop sign and collided with another vehicle. A plea resolution agreement was made where she would plead guilty to the provincial offence of careless driving + criminal charges would be dropped. Before the guilty plea was entered, the assistant deputy. Minister determined it was not in the best interests of the administration of justice. Crown withdrew from agreement, revocation of the plea was not reasonable was determined at trial and the accused pleaded guilty to careless driving + was acquitted on remaining counts. Decision of court: alberta court of appeal was allowed and the accused appealed to scc which dismissed her appeal.