quiz #3 Flashcards
(54 cards)
1
Q
P/T ‘Inferior’ Court
A
- lowest level
- nearly all criminal cases begin and end here
- administered by the P/T government
- judges appointed by the P/T government
- no jury trials
2
Q
what cases are heart in P/T ‘Inferior’ courts?
A
- Jurisdiction over majority of criminal offences
- Exceptions: s. 469 indictable offences
- Hear preliminary hearings in serious cases determine whether there is sufficient evidence to proceed to trial
3
Q
P/T ‘Superior’ Courts
A
- Administered by the P/T
- Judges are appointed federally
- Trials can involve judge alone or judge and jury
4
Q
What cases are heard in P/T ‘Superior’ Courts?
A
- Deals with the most serious criminal cases
- Can hear criminal/civil appeals from the P/T inferior court.
- Accused or crown formally request a change
5
Q
P/T Court of Appeal
A
- Highest court in the province
- One court of Appeal in each P/T
- Administered by the P/T
- Judges are federally appointed
- Panel of 3 or 5 judges
6
Q
What cases are heard in P/T Court of Appeal?
A
- Hears criminal appeals from inferior or superior P/T courts
- Hears civil appeals from superior P/T courts
7
Q
Appeal Process
A
- the defense and Crown can appeal the decision
- Appeal can be directed at the verdict or the sentence (or both)
- Oral arguments made by lawyers for both
8
Q
Supreme Court of Canada (SCC)
A
- Final Court of Appeal [“court of last resort”]
- Administered by the federal government; located in Ottawa
- Panel of 9 judges
- Judges are federally appointed
- Hear written/oral arguments of lawyers
9
Q
What cases are heard in the SCC?
A
- Usually must be granted “leave to appeal.”
- Cases that have national importance
- Will also hear reference cases (legal opinion on an important legal question)
10
Q
3 Classifications of Criminal Offences
A
- Summary Offences
- Indictable Offences
- Hybrid Offence
11
Q
Summary Offences
A
- Trials are always heard in P/T Inferior Court by a judge alone.
- Charges must be laid within 12 months
12
Q
Indictable Offences - 3 types
A
- Absolute (lowest level)
- Exclusive (judge & jury)
- Electable (accused has a choice)
13
Q
Absolute Jurisdiction of P/T “Inferior” Courts
A
- less serious indictable offence (e.g., theft under $5000)
- Must be tried in P/T inferior court
14
Q
Exclusive Jurisdictions of P/T “Superior” Courts
A
- Most serious offence (e.g., murder)
- Must be tried by a judge/jury in P/T superior court
- Can request judge only
15
Q
Electable Indictable Offences
A
- All other indictable offences fall into this category.
- Majority of indictable offences in Canada
- Accused can choose to have the trial by a:
- P/T Inferior Court without a Jury
- P/T Superior Court without a Jury
- P/T Superior Court with a jury (Only available if max sentence 5+ years)
16
Q
Hybrid Offences
A
Allows prosecutors the discretion to decide to proceed with a case as a summary conviction or an indictable conviction
17
Q
crown charge approval
A
crown counsel can decide:
- no charges should be laid
- charges should be laid (what the charges are)
- an alternative to the court process, like alternative measures
18
Q
bail hearing
A
to determine whether the accused should be held in custody until trial or whether they should stay in the community (with or w/o conditions)
19
Q
charge assessment guidelines
A
- Is there a substantial likelihood of conviction based on the evidence presented in the RCC?
- Is a prosecution in the public interest?
20
Q
what are the 3 grounds for detention
A
- primary ground
- secondary ground
- tertiary ground
21
Q
primary ground
A
detention is necessary to ensure attendance at court
22
Q
secondary ground
A
detention is necessary to protect the public
23
Q
tertiary ground
A
detention is necessary to maintain confidence in the administration of justice
24
Q
pre-trial custody (remand)
A
- if an accused is denied bail they are placed on remand
- for every day the accused spends in remand they receive ‘1.5 days of time served’
25
first appearance (initial appearance)
- read out charges against accused
- sometimes the arraignment will take place at first appearance
26
arraignment
election
- if an electable indictable offence, an accused will be asked if they are ready to elect (where they want their case to be heard)
27
not guilty/guilty plea
- if elected superior court, they will enter guilty/not guilty plea at P/t superior court
- otherwise, the accused will enter a guilty/not guilty plea
28
arraignment, what next?
- if accused pleads guilty = sentencing
- if accused pleads not guilty = preliminary inquiry (sometimes) or trial
29
preliminary inquiry
- an offence that will be heard in P/T superior court (with or without a jury) there is the possibility of a preliminary inquiry
- always takes place at P/T inferior court
30
what is the purpose of preliminary inquiry
to determine if there is sufficient evidence to warrant a trial
31
disclosure
crown should provide you with the evidence they will be presenting
32
trial
- crown will call witnesses to present their evidence
- crown will question witnesses
- defence can present their case
- defence will question witness
33
denunciation
ensuring that the punishment reflects society’s disapproval of the crime committed
34
General Deterrence
Punishment intended to reduce the likelihood that members of society will engage in crime
35
Specific Deterrence
Punishment intended to reduce the likelihood that the individual offender will engage in future crime
36
Incapacitation
Protecting the public through incarceration and/or imposition if conditions to control the accused’s behaviour in the community
37
Rehabilitation
To change the behaviour of an offender and to reconstitute them as a productive citizen
38
Reparation
To repay, repair, or compensate the victim/community for their loss/harm
39
Responsibility
For the offender to acknowledge the harm done to the victim/community
40
Proportionality
- Sentence must be proportionate to the gravity of the offence and the degree of the responsibility of the offender
- The “punishment fits the crime”
41
Aggravating Factors
characteristics of the offender/offence that are considered negative and result in an increase in punishment severity
42
Mitigating Factors
characteristics of the offender that may mitigate some responsibility, which in turn, may decrease the punishment severity
43
Parity
A sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances (look at case law)
44
Concurrent sentences
Sentences are amalgamated and served simultaneously
45
Consecutive sentences
Sentences that run separately and are completed one after the other
46
principle of restraint
- less restrictive sanctions
- attention to the circumstances of Indigenous offenders
47
Absolute Discharge
- Offender is found guilty but technically not convicted
- On criminal record for 1 year, then removed
48
Conditional Discharge
- Offender is found guilty but technically not convicted
- Released with conditions that they must follow (1-3 years)
- On criminal record for 3 years after successful completion of conditions
49
Suspended Sentence
- Offender is convicted. Imposition of sentence is suspended pending successful completion of probation conditions (1-3 years)
- Results in a criminal record
50
Fine
- Offender must pay a specific amount of money within a specified time
- Could face imprisonment for fine default
51
Conditional sentence
- Offender receives custody sentence (< 2 years) and is allowed to serve it in the community under supervision of a probation officer
52
Intermittent Sentence
- Custodial sentence served on a ‘part-time’ basis (usually weekends)
- Max 90-day sentence
53
Imprisonment
- Offender is sentenced to a period of confinement
54
what are the 8 sentencing principles
- Absolute discharge
- Conditional discharge
- Suspended sentence
- Fine
- Probation
- Conditional sentence
- Intermittent sentence
- Imprisonment
