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Difference between revisions of "Pleading Not Guilty and Criminal Trials (1:VII)"
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Pleading Not Guilty and Criminal Trials (1:VII) (view source)
Revision as of 13:34, 25 August 2022
, 13:34, 25 August 2022→4. Preliminary inquiry
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=== 4. Preliminary inquiry === | === 4. Preliminary inquiry === | ||
A | A Preliminary Inquiry is held before a Provincial Court judge. The primary purpose of a preliminary inquiry is to determine whether or not there is sufficient evidence to put the accused on trial. Whether or not there is sufficient evidence is measured on a very low threshold. The test is “whether or not there is any evidence upon which a reasonable jury properly instructed could return a verdict of guilty.” (''[https://www.canlii.org/en/ca/scc/doc/1976/1976canlii8/1976canlii8.html?searchUrlHash=AAAAAQAodW5pdGVkIHN0YXRlcyBvZiBhbWVyaWNhIHYgc2hlcGhhcmQgMTk3NgAAAAAB&resultIndex=1 USA v Shephard]'' [1977] 2 SCR 1067). If the judge determines that there is sufficient evidence then the accused will be ordered to stand trial; if the judge finds that there is not sufficient evidence, the accused will be discharged. | ||
Although the primary purpose of the Preliminary Inquiry is to determine if there is sufficient evidence to meet the threshold test for committal, the 2004 amendments to the Criminal Code substantially streamlined the Preliminary Inquiry process. The historical secondary purpose of defence counsel using the Preliminary Inquiry process to discover and test the case remains an important secondary purpose. See ''[https://www.canlii.org/en/bc/bcca/doc/2012/2012bcca275/2012bcca275.html?searchUrlHash=AAAAAQAMciB2IHJhbyAyMDEyAAAAAAE&resultIndex=1 R v. Rao]'' [2012] BCCA 275 (CanLII) at paras 96-98. | Although the primary purpose of the Preliminary Inquiry is to determine if there is sufficient evidence to meet the threshold test for committal, the 2004 amendments to the Criminal Code substantially streamlined the Preliminary Inquiry process. The historical secondary purpose of defence counsel using the Preliminary Inquiry process to discover and test the case remains an important secondary purpose. See ''[https://www.canlii.org/en/bc/bcca/doc/2012/2012bcca275/2012bcca275.html?searchUrlHash=AAAAAQAMciB2IHJhbyAyMDEyAAAAAAE&resultIndex=1 R v. Rao]'' [2012] BCCA 275 (CanLII) at paras 96-98. | ||
Preliminary | Preliminary Inquiries are only available to those accused who elect to be tried in the Supreme Court (by judge only or by judge and jury) and when at least one of the charges on the indictment is punishable by imprisonment of 14 years or more. | ||
== C.The trial == | == C.The trial == | ||
