4300629
| Question | Answer |
| WHAT CHARGES UNDER THE PROVINCIAL OFFENCES ACT? | Contempt |
| WHO SERVES SUMMONS TO WITNESS? | POA officer |
| WHAT KIND OF DOCUMENT IS SERVED TO A DEFENDANT UNDER PART 1? | OFFENCE NOTICE (CERTIFICATE OF OFFENCE KEPT BY OFFICER TO SUBMIT) |
| WHAT KIND OF DOCUMENT IS SERVED UNDER PART 2? | PIN (PARKING INFRACTION NOTICE) |
| HOW ARE MOST PROVINCIAL OFFENCES CLASSIFIED? | Strict liability |
| WHICH MOTION WOULD YOU BRING CONCERNING PROPER SERVICE WITHIN THE LIMITATION PERIOD? | MOTION TO QUASH |
| IF THE OFFICER IS SATISFIED IT IS NECESSARY TO DETAIN HOW LONG DO CHARGES NEED TO BE LAID? | 24 hours |
| FOR WHAT OPTION THAT THE DEFENDANT HAS TO PAY THE FULL AMOUNT OF THE SET FINE? | OUT OF COURT PAYMENT |
| WHAT DO YOU REQUEST USING A NOTICE OF INTENTION TO APPEAR FORM? | TAKING MATTER TO COURT |
| WHAT CAN YOU NOT FIND IN A CHARGING DOCUMENT? | DEFENCE |
| WHAT IS THE COURT NOT REQUIRED TO CONSIDER WHEN REQUESTING A MOTION TO AMEND? | THE DEFENDENTS CONVICTION RECORD |
| WHICH MOTION DO YOU BRING WHEN THE CROWN FAILS TO PROVE ALL ELEMENTS OF THE CASE? | SUMMARY JUDGEMENT (A.K.A. MOTION FOR NON-SUIT) |
| WHEN YOU ARE IN COURT AND WANT TO SPEAK TO YOUR CLIENT? | GO INTO THE HALLWAY |
| what is a DEFENSE OF NECESSITY? | permits a person to act in a criminal manner when an emergency situation |
| WHAT IS NOT AN OPTION FOR PART 3 SENTENCING? | set fines & didn`t attend (ex parte) |
| IF YOU ARE REPRESENTING AN UNREPRESENTED DEFENDANT WHAT DO YOU ASK FOR WHEN IN COURT? | AN ADJOURNMENT FIRST OF ALL SO YOU REVIEW WITH YOUR CLIENT, TO REQUEST FULL DISCLOSURE AND TIME TO PROPERLY REVIEW WITH YOUR CLIENT |
| YOU ARE REPRESENTING A CLIENT WITH A PARKING TICKET – PROSECUTOR QUESTIONING ISSUING OFFICER DOES NOT MENTION LICENCE PLATE OR OR BYLAW NUMBER , WHAT MOTION DO YOU BRING AND FOR WHAT REASON? | a motion for non-suit |
| GIVE 3 AGGRAVATING AND 3 MITIGATING FACTORS: | AGG = Repeat Offenses, hate crimes, leadership role MIT = Mental or physical illness, Genuine remorse, Lack of criminal record |
| SHAZ WAS CONVICTED ON OCTOBER 2 FOR FAILING TO STOP AT AN INTERSECTION – SHE HAD TRIED UNSUCCESSFULLY TO QUASH THE CONVICTION WHAT IS THE DEADLINE TO FILE THE APPEAL? | 30 DAYS |
| WHAT HAPPENS IF A DEFENDANT DOES NOT RESPOND WITHING 15 DAYS OF RECEIVING A NOTICE OF PARKING INFRACTION? | YOU RECEIVE A NOTICE OF IMPENDING CONVICTION FINE |
| WHAT WILL HAPPEN IF DEFENDANT FAILS TO APPEAR AFTER HE FILES AN INTENTION TO APPEAR? | YOU WILL BE CONVICTED BUT IF THERE ARE EXTENUATING CIRCUMSTANCES SOME JUDGES MIGHT GRANT AN EXTENSION |
| WHAT WILL PREVENT A DENIAL OF BAIL? | FLIGHT RISK – REOFFEND – DANGER TO PUBLIC |
| WHAT ARE THE FIRST 3 PARTS OF THE PROVINCIAL OFFENCES ACT? | 1) MINOR OFFENCES ... speeding, drinking, trespassing 2) PARKING CHARGES ... stopping, standing, parking 3) SERIOUS OFFENCES ... |
| WHAT ARE THE 2 AUTHORITIES UNDER THE LIQUOR LICENSE ACT TO MAKE AN ARREST? | CAN’T BE ON PROBABLE CAUSE MUST BE DRUNK OR REFUSE TO PROVIDE ID ***YOU CAN BE ARRESTED FOR ANY ONE OF THE TWO |
| WHAT 3 CONDITIONS FOR ARREST UNDER THE LIQUOR LICENCE ACT? | 1) MUST BE DRUNK 2) YOU MUST BE A DANGER TO THE PUBLIC 3) MUST BE A DANGER TO YOURSELF OR ANYONE AROUND YOU 4) DRINKING IN PUBLICE (YOU JUST NEED TO PROVIDE 3) |
| when should a motion be served? | at least 3 day prior to court |
| what is a factum? | a statement of facts of a case |
| what is a theory of a case? | how you want to win evidence defence |
| what are the 2 standards of proof? | -beyond reasonable doubt - balance of probability |
| who has the burden of proof? | the one who began the lawsuit |
| what are the 2 most common defenses? | defence of necessity & due diligence |
| errors on a charging document are? | info missing info not correct offence unknown in law not served in 30 days not filed in 7 days |
| what is section 57 of POA? | judge gives both sides a chance to make submissions |
| where can u find the principals of sentencing? | 718.1 of criminal code |
| 718.1 of CCC is? | sentence must be proportionate to gravity of offence |
| what are the grounds for appeal? | error in law error in fact incompetent council |
| what is mens rea? | the guilty mind (thinking/planning of committing a crime) |
| how to prove strict liability? | beyond a reasonable doubt |
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