Reference no: EM133514635

Questions

1. What does a plea of "guilty with submissions" mean?

Charges may be dismissed against a defend a explanation for committing the offence if he or she provides a good

The defendant will have the opportunity to give submissions as to penalty.

The defendant wants to dispute the charge

The prosecution's standard of proof is reduced to "balance of probabilities

2. Which type of fine does the justice have to administer when the defendant pleads guilty at trial?

A fine higher than the set fine.

A fine lower than the set fine.

The set fine is binding

Justice has discretion regarding the fine as long it is within the statutory range.

3. When he was on his way to see his doctor, Zanab was charged with failing to wear his seat belt contrary to section 106(2) of the Highway Traffic Act. Zanab recently underwent abdominal surgery and was told by his surgeon to drive only to and from medical appointments. The surgeon further advised that he should not risk wearing a seat belt when driving. Zanab tried to explain this to the officer, but did not have proof with him at the time. At the court date, Zanab produced a certificate from his doctor. Who has the burden of proof to demonstrate that the exception applies in this case?

Prosecutor.

Defence.

Justice.

Either a or b.

4. Under which circumstances will a summons to witness be granted

If the justice is satisfied that the witness has material evidence to offer at trial.

Upon submission request by the defence

Only if the witness refuses to attend upon verbal request

If the trial date is less than two weeks away

5. Caleb was charged with a minor traffic offence. He would like to review the officer's notes so that he can be better prepared for his trial date. What is the proper way for him to make an initial request for disclosure

Bring a motion.

Request it verbally from the officer.

Phone the prosecution office and request it verbally.

Complete a disclosure request form.

6. Which of the following will have to be served with notice of the 11(b) Charter motion?

Court administration office.

Justice.

Prosecution

Court clerk.

7. For what purpose would a paralegal bring a motion for a non-suit?

To obtain a new date for trial.

To join two counts together.

To separate counts.

To challenge whether the prosecution has proven the essential elements of the offence.

8. At what stage can a justice grant the prosecution's motion to amend a charge?

As a pre-trial motion.

Before the defendant enters a plea.

At the conclusion of the prosecution's case.

At any stage of the proceeding.

9. What is the standard of proof that the prosecution has to meet in order to secure a conviction for a provincial offence

Balance of probabilities.

Beyond a reasonable doubt

More likely than not.

The standard fluctuates

10. Which of the following explanations is most likely to result in an adjournment being granted

Defendant is not prepared to proceed.

Prosecution is not prepared to proceed.

The provincial offences officer has a conflict and is unable to attend.

Defendant's paralegal has a conflict and is unable to attend.

11. Marina was charged with failure to remain at the scene of an accident. She was told by a paralegal that she would be able to raise the defence of due diligence. Which type of offence must failure to remain be in order for this defence to be available?

A mens rea offence.

A strict liability offence.

An absolute liability offence.

Any type of offence.

12. Marina has a photograph of the intersection where the collision took place. Which type of evidence is the photograph classified as?

Real evidence.

Documentary evidence.

Testimony.

Oral evidence.

Which of the following statements is true?

13. The justice must accept a joint sentencing submission.

The court is required to give the defendant an opportunity to be heard during the sentencing.

The sentencing hearing must be within 30 days of the decision.

A proceeding is not valid if the justice does not give the defendant an opportunity to speak during sentencing.

14. Which of the following would be an example of specific deterrence

As a result of her recent improper stop conviction and increased insurance rates, Lynne makes sure that she comes to a full and complete. stop at every stop sign.

Karen has started wearing her seat belt because she heard on the radio that the police in her area were doing a seat belt blitz.

A muzzle order was put on his neighbour's dog for biting someone, so Aidan has stopped walking his dog in public parks.

A group of high school students agreed to put phones away when driving after a speaker came to their school and spoke about the fatal accident he caused while texting.

15. For provincial offences, what does the purpose of sentencing tend to focus on?

Rehabilitation.

Punishment.

Deterrence.

Compensation.

16. Which of the following is true with regard to fines?

The set fine is the amount that will always be ordered by the court upon conviction.

If a fine is ordered by the court, it must always be paid immediately by the defendant.

The court may order a defendant to pay a higher fine because of previous convictions.

A set fine is prescribed for all offences within all three procedural streams.

17. Roy was convicted when his paralegal did not show up for trial. Roy fired the paralegal and retained a new paralegal to assist with a reopening for the matter.

1. How many days does Roy have to file the request for a reopening in this case?

Within 15 days of the conviction.

Within 15 days of learning of the conviction

Within 30 days of the conviction.

Within 30 days of learning of the conviction.

18. Under whose name should the affidavit for reopening be filed?

Roy's.

The name of the paralegal who did not show up for trial

Roy's new paralegal.

An affidavit is not used for a reopening.

19. Which of the following explanations would likely meet the requirements for a reopening?

The defendant forgot to respond to the ticket within the 15-day time frame because she was very busy at work

The defendant missed her trial because she was rushed to the hospital for emergency surgery

The defendant mailed in a request for a trial, but it was returned to her for insufficient postage

The defendant missed her trial because she got lost on the way to the courthouse.

20. Which of the following statements is a correct statement about Part III matters?

Part III matters can be reopened.

Part III matters can be appealed

Part III matters can either be reopened or appealed.

Part III matters cannot be reopened nor appealed.

21. For which procedural stream can an appeal be brought?

Part I.

Part II.

Part III.

All procedural streams

22. What options are available for a defendant who missed the deadline for filing an appeal?

Can apply for an extension of time to file.

Can swear an affidavit to prove the missed deadline was through no fault of the defendant

Can swear an affidavit to prove that the missed deadline was because a document relating to the matter was not delivered to the defendant.

There are no further options.

23. Your client was convicted at trial before a justice of the peace for careless driving and fined $1,200. He has retained you to appeal the decision.

What is the appropriate court to hear this appeal?

Ontario Court of Appeal.

Ontario Court of Appeal.

Ontario Court of Justice presided over by a provincial judge.

Ontario Court of Justice presided over by a justice of the peace

24. How much time do you have to file the appeal in this case?

Within 15 days of the conviction

Within 15 days of learning of the conviction.

Within 30 days of the conviction

Within 30 days of learning of the conviction.

25. Assume that the appeal is successful and a new trial is ordered. Unless otherwise agreed, the trial will be held:

Before the original justice who tried the defendant in first instance

Before a Superior Court judge.

Before a Court of Appeal judge

Before a justice, other than the original justice who tried the defendant in the first instance

26. You have been retained by Phong to represent him on his driving without insurance charge. He explained to you that his insurance had become so expensive because of several other driving convictions, but that he drove only three times every week in order to take his mother to the hospital for radiation treatment. In addition to looking after his sick mother, he is working three jobs to help raise his two younger brothers. When he was pulled over by the police officer, he panicked, knowing that he could go to jail if convicted, so he tried to run away from the police officer, but was caught and charged. He feels terrible about the incident, has apologized, and has provided character references from all three of his employers.

a) Identify three mitigating factors that you would raise if Phong was your client.

b) Identify three aggravating factors that you would expect the prosecution to raise.

27. Phong is concerned that he will be sent to jail and that there will be no one to take his mother to her medical treatments. What would you recommend in this case?

28. What should you look for when determining whether to bring a motion to quash?

29. What options are available if the prosecution is refusing to provide the disclosure you have requested?

30. What possible submissions may a defendant make when requesting a lesser fine?