person cannot be deemed guilty until they are convicted or discharged of the offence. In contrast, civil matters require proof on a balance of probabilities rather than the “beyond a reasonable doubt” that criminal offences are evaluated. Summary Conviction Offences:least serious of the offences in the Criminal Code. Offences such as public nudity, inappropriate phone call, ect. They are held before a provincial court judge (no jury) and there is no preliminary hearing. They also have limitation period of six months. Section 787 of the code - “a fine not more than five thousand dollars or to a term of imprisonment not exceeding six months or to both” “super summary offences” exceed the general penalty carry a maximum conviction of 18 months.Indictable offences:most serious offences with a maximum imprisonment of a life sentence. Example: murder or treason. These offences must be tried before a judge and jury in a province’s superior court ofcriminal jurisdiction. Some trials (with consent) are tried without a jury. Hybrid offences: (dual procedure offence) there is an option of being either an indictable offence or summary offence. it is assumed a indictable offence by default, unless stated otherwise by the Crown attorney. Indictment: document describing the offence.Trials begin with the arraignment. The offence is read aloud in court and the accused is asked how they choose to plead. If they plead guilty, then the crown will read a summary of the facts to the judge and the defense admits to them. Then the accused enters a conviction and will then be sentenced. If the accused pleads not guilty then the crown will present their case first. The Crown attempts to prove its case with evidence against the accused. The crown must prove all the elements beyond a reasonable doubt. If the crown has not provided evidence on the essential elements of offence, then the defense may make a motion for acquittal.
Defenses: Self defense: a person is not guilty if they are protected themselves (or someone else) against force or a threat of force and that the act committed was reasonable. Consent: the victim must have consented to the acts carried out by the accused.Provocation: a partial defense (in a murder trial) a person had a sudden loss of control. Replace murder with manslaughter. Duress: accused was compelled to commit a criminal offence as a result of threats of immediate death or bodily harm. Mental disorder: mental disorder prevent a person from knowing that an act was wrong.Aggravating circumstance:any circumstance related to the offence or the offender that increases the seriousness of the offence. Mitigating circumstance:is any circumstance associated with the offence or the offender that decreases the seriousness of the offence.
- Fall '19