DOWNLOAD PDF STEVENS ON INDICTABLE OFFENCES AND SUMMARY CONVICTIONS

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1 Chapter 1 : Criminal Offence Penalty Chart Note: Citations are based on reference standards. However, formatting rules can vary widely between applications and fields of interest or study. The specific requirements or preferences of your reviewing publisher, classroom teacher, institution or organization should be applied. On the other hand, there are criminal laws, which are much more severe violations. Criminal convictions go on your permanent record, and this record can be accessed by law enforcement agencies all over Canada and the world, as well as any citizen who is willing to pay the fee to access those records for a background check including any and all employers. But just how serious do criminal convictions get? On one end of the spectrum, there are the harshest crimes, with the harshest sentences, such as murder. And on the other end, trespassing at night, can, if proven and convicted in a court of law, also count as a criminal act. These degrees of severity break down into two categories. Summary offences are considered the less serious break with the law. But for the more serious violations, an indictable offence and conviction is what is sought in court. That same division occurs in Canada, though summary convictions are at the misdemeanor level, and indictable convictions would be considered felonies. Indictable offences and convictions are for the very serious criminal acts, and often have no statute of limitations. On the other hand, even if someone committed murder decades ago, once the truth has come to light, an arrest can be made, and it can still be tried in court. Indictable offences are executed the way you would expect. While these cases are normally adjudicated in provincial court, the most serious cases can be elevated all the way to the Supreme Court to be resolved. This is also where juries are usually required so that a defendant can be judged by a group of his or her peers. That defendant is also expected to be in court and present for his or her own trial. In the end, fines, probation, house arrest or a jail sentence are handed down, but the longest lasting result of an indictable conviction may not be the jail sentence, so much as the criminal record that follows the person for all time afterward. Contact us for more details. Pardons Canada undertakes all necessary steps and procedures for removing your criminal record, including: Pardons Canada Pardons Canada is a national non-profit organization which assists individuals in removing a past criminal offence from public record. We undertakes all necessary steps and procedures for removing your criminal record, including: Page 1

2 Chapter 2 : Summary Conviction Offences (lesser criminal matters) - Legal Marketing 2. Stevens on indictable offences and summary convictions: founded on Dominion Statutes Vic., caps 29, 30 and Stevens on indictable offences and summary convictions: founded on Dominion Statutes Vic., caps 29, 30 and Stevens on indictable offences and summary. How to Process an Indictable Appeal This guide is intended to help you prepare your criminal appeal. Office Staff cannot provide legal advice or complete your appeal on your behalf. For more information about criminal appeals and procedures, please refer to the " Criminal Appeal Rules ". What appeals lie to the Court of Appeal? A person who is convicted at trial may appeal to the Court of Appeal a against the conviction, if it pertains to an indictable offence 1 on any grounds of appeal based on question of law, 2 on any grounds of appeal based on question of fact or question of fact and law with leave of the court, or 3 on any grounds of appeal not mentioned in 1 and 2 ; b against the sentence for that conviction, with leave of the court unless that sentence is one fixed by law; c against an order of the Summary Conviction Appeal Court disposing of an appeal to that court; d against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial. Do I require a lawyer? You may represent yourself at the Court of Appeal, but it is recommended that you seek legal advice where possible. Do I have an automatic right to appeal to the Court of Appeal? Not in all cases. In some appeals, the appellant must obtain leave to appeal. An appeal from sentence or an appeal from conviction on grounds involving mixed fact and law, for instance, require leave to appeal. How do I apply for leave to appeal? In most criminal appeals that require leave, the leave application is dealt with at the same time as the appeal, by three judges of the Court of Appeal. How do I begin an appeal? An appeal is initiated by filing three copies of a notice of appeal Form B. A certificate of the court reporter should be filed. If it cannot be filed immediately, it must be filed within fifteen days after the notice of appeal is filed. What is the deadline to file the notice of appeal? The notice of appeal must be filed no later than 30 days from the sentence date. The Court of Appeal will serve a copy of the notice of appeal on the Crown Law Office or the Federal Department of Justice, depending on the nature of the appeal. What if my time to file an appeal has expired? A motion for an order extending the time to file the notice of appeal can be filed. The notice of motion Form 37A must be prepared and a copy served upon the Crown, and then filed in the Court of Appeal with proof of such service. Proof of service should be in the form of an affidavit of service Form 16B swearing when, where, and how the documents were served, or by an admission by the party to be served as to the document to be filed. The applicant should also serve and file an affidavit explaining the delay. What do I do once the notice of appeal has been filed? The appellant must file the following documents, all of which are described below: All documents must be served on the Crown before they are filed, and proof of service must be filed with the Court of Appeal office when the documents are presented for filing. At this stage, the appeal is considered "perfected", meaning that it is ready to be listed for hearing by the Court of Appeal. A book of authorities is not mandatory and does not have to be filed at the time the appeal is perfected. If you decide to file books of authorities, they must be served on the Crown. Appeal book The appeal book contains copies of all pertinent documents that were before the court from which the appeal has been taken. The appeal book must: Factum The factum contains a statement of facts and an outline of the legal points on which the appellant bases his or her case. The appellant must type his or her name and sign the factum. It may not exceed 30 pages in length without leave of the court. It must consist of: Part I, containing a statement identifying the appellant and the court appealed from, the nature of the charge s, the result in that court, and whether the appeal is from conviction, conviction and sentence, acquittal or other disposition; Part II, containing a concise summary of the facts relevant to the issues on appeal, with such references to the evidence by page and line as is necessary; Part III, containing a statement of each issue raised, immediately followed by a concise argument with reference to the law and authorities relating to that issue; Part IV, containing a statement of the order that the Court of Appeal will be asked to make; Schedule A, containing list of authorities referred to in the order in Page 2

3 which they appear in Part III; and Schedule B, setting out the text of all relevant provisions of statutes, regulations and by-laws, other than the Criminal Code. In sentence only appeals, the factum must be in Form D. Transcript The transcript is prepared by the court reporter or reporters present during the trial, and is a transcript of the oral evidence given at trial. Transcripts are bound front and back in red covers. Certificate of perfection The certificate of perfection states: Book of authorities The book of authorities contains copies of all cases, statutes and other authorities that the appellant considers to be relevant to the appeal. The book of authorities must be bound front and back in blue covers and the passages that will be referred to in oral argument must be marked, that is, underlined, highlighted or side-barred. When am I required to file these documents? The appellant is required to perfect the appeal within 90 days from the filing of transcripts, if there are any. If there are no transcripts, the appellant must perfect the appeal within 60 days from the filing of the notice of appeal. What will happen if I delay the perfection of the appeal? One of three things can happen: What can I do if I am not able to perfect on time? If for reasons beyond your control, you are not able to perfect the appeal on time, you have two options: When will the appeal be heard? Once the appeal is perfected, it is placed on a list of appeals ready for hearing, and the appeal is assigned a hearing date, depending upon the nature of the appeal involved and its place on the list. What if I decide not to continue the appeal? When an appellant chooses to discontinue abandon the appeal, a notice of abandonment must be filed in the Court of Appeal office. The notice of abandonment must be signed by the appellant or a solicitor if the appellant is represented by that solicitor. Where the notice is signed by the appellant, the signature must be verified by affidavit or witnessed by a solicitor or by an officer of the custodial institution in which the appellant is confined. Glossary of Terms Affidavit of service is a statement sworn or affirmed, that the document to which it refers was delivered to the opposing party and indicating when, where and how such delivery was made. Indictable offence is a more serious criminal charge as distinguished from a summary offence. In some instances, the Crown may determine whether an offence will be tried "summarily" or by "indictment". Summary conviction offence is an offence of less serious nature as distinguished from an indictable offence and carries a lesser penalty. Page 3

4 Chapter 3 : Indictable offence - Wikipedia Full text of "Stevens on indictable offences and summary convictions [microform]: founded on Dominion Statutes Vic., caps 29, 30 and 31" See other formats. This section includes information about the types of offences you could be charged with and possible penalties if you are found guilty. The type of offence you are charged with will determine the type of court process that will apply to your case. It will also determine any maximum or minimum punishments you might receive if you are convicted. There are three different kinds of offences. Summary offences â These are less serious offences. Some summary offences have higher maximum sentences. They include breaches of a probation order. Maximum penalties for indictable offences vary and include life in prison. Some indictable offences have minimum penalties. Hybrid offences - These are offences that can be dealt with as either summary or indictable. Crown counsel makes the decision about how the offence will be handled. It is also known as a "petty crime", for example, disturbing the peace. Here is some information that you should know if you charged with committing a summary offence. Alternative measures can be considered for less serious summary offences. Trials are held before a judge in the Provincial Court. Police cannot take your fingerprints. As an adult, you may apply to receive a record suspension three years after you complete your sentence. Indictable Offence Indictable offences are the most serious offences under the Criminal Code and they come with more serious punishments. Here is some information you should know if you are charged with an indictable offence. Depending on the offence, you could receive a penalty as high as life in a correctional centre. For most indictable offences, you will have a choice called election to have a trial with a Provincial Court judge, a B. Supreme Court judge alone or B. Supreme Court judge with a jury. Some trials are held only in specific courts. For instance, trials for some indictable offences are always held in Provincial Court. For these offences, you do not have a choice. For other indictable offences, such as first-degree murder, you must have a trial with a B. Supreme Court judge and jury. Hybrid Offence With a hybrid offence, Crown counsel must choose whether to treat the matter as a summary offence or an indictable offence. This is called the Crown election. How the Crown decides or elects to treat the offence generally depends on how serious the offence is. Here is some information you should know if you are charged with a hybrid offence. If Crown counsel chooses elects the summary process, then the trial will be in Provincial Court. If Crown counsel chooses elects the indictable process, in most cases you will have a choice whether to proceed in Provincial Court or B. The Crown election will also determine the maximum penalty for the offence. Some types of hybrid offences called absolute jurisdiction offences will always proceed in Provincial Court, whether the Crown chooses to treat the offence as summary or indictable. More Information See the Criminal Code of Canada for more information about summary, indictable and hybrid offences. Chapter 4 : What is the difference between a summary and indictable offence? In the following work I have endeavoured to give a plain statement of the law relating to the right of arresting offenders and parties suspected of committing oifences which are I ndictable, and the proceedings under the Statute relating to such offences; as also the proceedings on convictions for offences punishable by Summary Conviction. Chapter 5 : Types of Offences - Province of British Columbia In Canada, offences are categorized by the Criminal Code of Canada as summary offences (or summary conviction) and indictable offences. You may have heard of both of these terms, but may not fully understand what they mean for you if you are charged with either offence. Page 4

5 Chapter 6 : Summary conviction crimes Indictable offences Ron Jourard Summary conviction offences encompass the most minor offences in the Criminal Code. Examples are "cause disturbance" and "harassing telephone calls." Unless a different penalty is specified, summary conviction offences are punishable by a fine of up to $5, or six months' jail or both. Chapter 7 : Summary offence - Wikipedia Section (1)(a) is a hybrid offence meaning that we have to confirm with the courts to see whether it was a summary or an indictable offence. If it was summary, the wait period is now 5 years but if it was indictable, you now have to wait 10 years before becoming eligible to apply. Chapter 8 : How to Process an Indictable Appeal List of Straight Indictable Offences. From Criminal Law Notebook. See also: Offences by Penalty, List of Hybrid Offences, and List of Summary Conviction Offences. Chapter 9 : List of Straight Indictable Offences - Criminal Law Notebook Indictable offences, summary elections, and hybrid offences: Under the Criminal Code of Canada, there are three types of offences: summary conviction offences, indictable offences, and those offences where the Crown may elect to proceed by summary conviction or by indictment. Page 5

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