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CRIMINAL LAW CHEMINEMENT - Coggle Diagram
CRIMINAL LAW CHEMINEMENT
TRIAL CASE
Determine the type of offence
Hybrid
Indictable
Offense falls under 469 Ccr
Accused has no choice in the trial. Will be in front of the SC with judge and jury.
But with consent of the AG, can apply for a judge without jury (473)
has choice of a preliminary inquiry (536(4))
Offense falls under 553 Ccr
Judge of the CQ has absolute jurisdiction. Accused has no choice.
Offense is another that doesn't fall under the other two (554 Ccr)
Offense punishable by < 14 years
Accused benefits from the choice provided in 536(2.1) Ccr.
Judge without jury (at CQ)
Judge of the provincial court (CQ)
Judge with a jury (at SC)
Accused does not make a choice. Presumption is judge with Jury. 565(1) Ccr
Offense punishable by 14+ years
Accused benefits from the choice provided in 536(2) Ccr.
Judge of the provincial court (CQ)
Judge without jury (at CQ)
Accused has right to prelim inquiry
Judge with a jury (at SC)
Accused has right to request prelim inquiry
Accused does not make a choice. Presumption is judge with Jury. 565(1) Ccr
Summary
APPEAL
of a summary conviction
Superior Court