The Structure of Criminal Proceedings

1
The Structure of Criminal Proceedings

• September 18, 2007

2
Form of Trial Depends on Type of Offence

• Summary Conviction (generally less serious)
• Indictable offences (generally more serious
  offences)
• Hybrid Offences (can be prosecuted as either
  summary or indictable)

3
Summary Conviction Offences

• Trial in provincial court before judge acting as
  judge and jury
• Process begins with laying an Information setting
  out the charge and minimal facts
• Maximum penalty 2000 and/or six months unless
  otherwise stated in the statute (See Code s. 787)

4
Indictable Offences

• Process begins by preferring an indictment
  setting out 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 judge and jury
• Mode of trial depends on the statutory provision
  (See s. 469) or the election of the accused

5
Indictable Offences (cont)

• S. 553 absolute jurisdiction of Provincial Court
• S. 469 absolute jurisdiction of Superior Court
  (almost always by judge and jury)
• Everything else determined by the election of
  the accused
• Option 1 Trial in Provincial Court (No
  Preliminary Inquiry)
• 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)

6
Hybrid Offences

• Offence can be either punishable on summary
  conviction or as an indictable offence
• Crown decides how to proceed
• If by indictment, the accused may choose the mode
  of trial
• What are the considerations?

7
What method of trial will be used for

• Arson for fraudulent purpose
• (s.435(1)
• Murder
• (s.229, 235(1)
• Sexual assault(s.271 (1))
• Public nudity(s.174(1)(a)
• Driving while disqualified(s.259(4))

8
Course of a Criminal Trial

• Arraignment
• Plea
• Opening Statements(occasionally)
• Crown Case
• Crown case closed
• Defence Case
• Closing Statements
• Charge to the Jury
• Verdict
• Sentence

9
Crown Case

• Crown calls witnesses to give evidence on each of
  the elements of the offence
• Crown examines each witness in direct
  examination(in chief)
• Defence may cross examine the witness

10
Following the Crowns Case

• The Defence may
• Make a no evidence motion (ie 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

11
Defence Case

• Witness called and examined by defence counsel
  (in chief)
• Witness may be cross-examined by Crown counsel
  (or other defence counsel where there are
  co-accused)

12
Should the accused Give Evidence??

• Accused becomes a witness and can be cross
  examined
• Crown can raise the criminal record of the
  accused but not otherwise