Sentences with phrase «of hybrid offences»

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.
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.

Not exact matches

If you have been charged with a hybrid offence mitigating factors may influence the Crown's decision of whether or not to proceed by summarily or by indictment.
On this basis, art. 2402 of the Civil Code of Québec concerns only indictable offences, those that are punishable exclusively by way of indictment, and not, as in this case, hybrid offences.
Some offences that had been classified as hybrid were reclassified as strictly summary, which meant Provincial Court trials for all of them.
An increasing number of offences that had been strictly indictable were reclassified as hybrid.
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.
The national database contains a range of information useful to law enforcement, including records about hybrid and indictable offences.
Criminal offences under Canada's criminal code are divided into three kinds: indictable offences which are the more serious offences and which carry longer terms of imprisonment, summary convictions which are the less serious offences usually punishable by less than 2 years imprisonment and hybrid offences which can be prosecuted as either indictable or summary.
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.
Unfortunately, according to the Immigration Act now, if the offence you were convicted of is a hybrid offence, the Act treats it as if the offence was an indictable offence even if it was prosecuted summarily.
Where a proceedings progresses to its conclusion without the Crown having made an election on a hybrid offence and the laying of the charge was within 6 months of the incident, the Crown is deemed to have elected to proceed by «summary conviction».
The Crown has the power of election on hybrid criminal offences.
A hybrid offence is an offence defined in the Criminal Code as having both summary and indictable classes of punishment.
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.
Types of Offences Section 2 (1) of the Identification of Criminals Act applies to persons charged with an indictable or hybrid oOffences Section 2 (1) of the Identification of Criminals Act applies to persons charged with an indictable or hybrid offencesoffences.
Most of the offences in the Criminal Code are hybrid offences.
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