Classification of Criminal Offences

7/30/2019 Classification of Criminal Offences

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THECLASSIFICATION OF CRIMINAL PROCEEDINGS

FOUNDATIONAL EDIFICE

Prepared by Ayesha Naaz ANAAZ PARALEGAL SERVICESSTUDENT LEGALSERVICES, COURT AGENTS AND PROCESS SERVERTRANSLATOR, INTERPRETER, TRANSCRIPTION & DOCUMENT

SERVICES, RESUME WRITING, CAREER COACHINGEmail: [email protected]: 403-671-1562Website: http://getquickdivorce.webs.com/ and

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The Type of Criminal Trial you get dependsupon the type of offence committed

Summary Conviction (generally less serious)

Indictable offences (generally more serious offences)

Hybrid Offences (can be prosecuted as either

summary or indictable)


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Summary Conviction Offences

Trial in provincial court before judge acting as judge and jury

Process begins with laying an Information setting out the chargeand minimal facts

Maximum penalty $5000 and/or six months unless otherwise statedin the statute (See Code s. 787)

S 787. (1) Unless otherwise provided by law, everyone who is convictedof an offence punishable on summary conviction is liable to a fine of nomore than five thousand dollars or to a term of imprisonment notexceeding six months or to both.

Marginal note: Imprisonment in default where not otherwise specified(2) Where the imposition of a fine or the making of an order for thepayment of money is authorized by law, but the law does not providethat imprisonment may be imposed in default of payment of the fine orcompliance with the order, the court may order that in default ofpayment of the fine or compliance with the order, as the case may be,

the defendant shall be imprisoned for a term not exceeding six months.


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Indictable Offences

Process begins by preferring an indictment settingout the offence and bare facts

Method of trial can be in provincial court before a judge alone,in superior court before a judge or in superior court before a judgeand jury Mode of trial depends on the statutory provision(See s. 469) or the election of the accused

S. 553 absolute jurisdiction of ProvincialCourtS. 469 absolute jurisdiction of SuperiorCourt (almost always by judge and jury)

Everything else: determined by the election of theaccused

Option #1: Trial in Provincial Court (No PreliminaryInquiry)Option #2: Trial by Judge Alone in Superior Court(After Preliminary Inquiry in Provincial Court)Option #3: Trial by Superior Court Judge and Jury(After Preliminary Inquiry in Provincial Court)


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Hybrid Offences

Offence can be either punishable on summary conviction or as anindictable offenceCrowndecides how to proceedIf by indictment, the accused may choose the mode of trialWhat are the considerations?

What method of trial will be used forArson for fraudulent purpose (s.435(1) CCC

Murder or Culpable Homicide (s.229, 235(1) CCC

Aggravated assault (s. 264 onwards)

Sexual assault (s.271 (1)) CCC

Public nudity or acts of vagrancy (s.174(1)(a) CCC

Driving while disqualified(s.259(4)) CCC


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GENERAL PROCEDURE FOLLOWED IN A CRIMINALTRIAL STEPS

Arraignment

Plea

Opening Statements (Sometimes)

Crown Case

Crown case closed

Defense Case

Closing Statements

Charge to the Jury

VerdictSentence


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The

Different

Stages

Of Criminal

Proceedings


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Crowns CaseCrown calls witnesses to give evidence on each of the elements

of the offence Witnesses may be subpoenaed or warrant may

be issued if witness deliberately fails to show up

Crown examines each witness in direct examination (in chief)

Defense may cross examine the witness

Accused sometimes can cross examine Crown witnesses, if not

represented by lawyer or court agent


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WHAT THE DEFENCE COUNSEL/ ACCUSED MAY DO:

The Defense may:

Make a no evidence motion ( i.e. crown has not met

evidentiary burden) or

Not call evidence (ie argue Crown has not met legal burden)

or

Call witnesses that may or may not include the accused


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HOW DOES THE DEFENCE PROCEED

Witness called and examined by defense counsel (in chief)

Witness may be cross-examined by Crown counsel (or other

defence counsel where there are co-accused)


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THE ROLE OF AN ACCUSED IN A CRIMINAL TRIALThe role of an accused in a criminal trial is similar to that of a witness andAccused can be cross examined

Crown can raise the criminal record of the accused but not otherwise

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Classification of Criminal Offences