Sentences with phrase «mode of trial»

However, where the accused elects mode of trial even though the Crown failed to make an election, the trial will be deemed indictable.

In a case pending before the Provincial Court of Alberta at Edmonton my client refused to enter election for mode of trial on a charge of second degree murder.

But certainly questions pertaining to the date of trial, election of mode of trial, the language of trial, the need for technical equipment and scheduling of pretrial applications are not problematic.

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.

However, there is a category of hybrid offences where, even when the Crown elects to proceed by indictment, the accused will have no choice as to mode of trial, but must be tried by a Provincial Court judge.

Several indictable offences that had been within the exclusive jurisdiction of the Superior Court were reclassified to allow the accused to choose the mode of trial, including trial before a Provincial Court judge.

Both the mode of trial and the importance of the evidence to making a final determination of the matter are factors to consider.

Disclosure should occur before a defendant is called upon to elect the mode of trial or to plead.

That which is withheld may be sufficient to alter the plea or the election as to mode of trial.

The decision on the first day of R.V.'s preliminary inquiry in August 2014 to re-elect the mode of trial and keep the case in provincial court.

Those charged with an indictable offence have the right to elect their mode of trial:

Sentencing guidelines from the Sentencing Guidelines Council (see Part 6A of this 144 - page PDF) provide guidance on the mode of trial and sentence that should apply.