sentencing and appeal
To deter the offender and other persons from committing offences
General and
Specific Deterrence
According to rule 2.4(1) of the Criminal Rules, a pre-trial application must be heard at least _____days before the trial.
60
the defendant appears for trial, the charges set out in the information are formally read by the clerk of the court, and the defendant is asked whether they will plead guilty or not guilty. This is referred to as _____________
the arraignment.
___________is defined under section 150, which includes any place to which the public have a right of access or are invited to.
public place
Diversion programs are an alternative to
prosecution
If a conditional discharge is imposed, the offender is bound by a
probation order and conditions are attached to the discharge.
Section 7 of the Charter provides for the right to
life, liberty, and security of the per-son,
Plea bargaining is also referred to as plea negotiations or plea agreements and is based on the principle of__________
quid pro quo
A ____________ includes a motor vehicle, a vessel, an aircraft, or railway equipment. “Vessel” is also defined and includes a hovercraft. Therefore, a car, a motorcycle, and a boat would all fall under the definition of this
conveyance
this __________________is a meeting between the Crown and the defence paralegal.
Crown pre-trial conference
Probation is a sentencing option that may be imposed on its own by way of a
suspended sentence or conditional discharge, or in combination with another penalty, such as a fine or a period of incarceration not exceeding two years.
the acceptable period of delay from when a charge is laid to the anticipated end of the trial should be no longer than
18 months
Pursuant to section 607(1) of the Code, three special pleas are available to the accused: autrefois acquit, autrefois convict, and ________.
pardon.
The penalty for mischief under $5,000 is
section 430 (4)Every one who commits mischief in relation to property, other than property described in subsection (3),
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
A __________ peace bond does not require that the complainant be fearful of the accused and the duration of the order may last for more than 12 months.
common law
. For summary conviction offences, section 787(1) of the Code dictates that the maximum fine is
$5,000
Exclusion of evidence is a remedy granted after a ___________ application in the course of a trial.
voir dire
The air of reality test dictates that when an accused wishes to rely on a specific defence, they must first______________
establish an evidentiary foundation for it.
your friend stephanie gives you a laptop and tells you its your birthday gift, she joking mentions she stole it. you decide to keep it. is this unlawful?
it is unlawful to be in possession of goods or proceeds that have been derived directly or indirectly from a criminal origin.
In the landmark case of R v Stinchcombe, the Supreme Court of Canada highlighted the duty of the Crown to __________________ to the defence:
disclose any relevant information
what is a sentence of imprisonment of two years or less that is served in the community.?
conditional sentence
If the accused is alleging that police breached their Charter rights in the course of obtaining evidence, then ______________ may be brought asking the court to exclude the evidence obtained as a result of the breach
an application
The Kienapple principle holds that when an accused is found guilty of two or more offences arising out of the same transaction, and the elements of the offences are substantially the same, the accused should _____________
only be convicted of the most serious offence.
Gladue courts deal with_________________________________________________________________________?
bail, guilty pleas, and sentencing hearings and try to incorporate Indigenous cultural practices and understandings of justice
________________form contains information as to how the Crown will be proceeding on the charge (by summary conviction or indictment)
A charge screening