On summary elections
for hybrid offences, the court is bound by the maximum range set by parliament.
Not exact matches
Some
offences that had been classified as
hybrid were reclassified as strictly summary, which meant Provincial Court trials
for all of them.
For most indictable
offences — including
hybrid offences that the Crown chooses to treat as indictable — accused persons can «elect» or choose the mode of trial.
For example, assault with a weapon is a
hybrid offence and if prosecuted as an indictable
offence, is punishable by a maximum term of 10 years imprisonment.
Invitation
for sexual touching is a
hybrid offence, meaning it is up to the Crown's discretion whether to prosecute the charge as a summary conviction or as an indictable
offence.
According to section 86 of the Criminal Code, any person who, without lawful excuse, carries, handles, ships, transports or stores a firearm (non-restricted, restricted or prohibited), in a careless manner without taking reasonable precautions
for safety will be guilty of a
hybrid offence.
Faulkner recommended that the Legal Aid Society open neighborhood law offices
for civil law problems, supply lawyers to handle all
hybrid offences and first summary conviction
offences and provide duty counsel in criminal courts.
Topics discussed include indictable and
hybrid offences, terms of imprisonment, ability to sponsor family members, mechanisms
for relief in criminal law, and pardons and record suspensions.