11/19/2023 0 Comments Conspire to commit a crime cawhere the accused is not "ordinarily a resident in Canada" (s.where the offence involved a firearm, cross-bow, prohibited weapon restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, while the accused was subject to a prohibition order preventing possession of these items (s."for the benefit of, at the direction of, or in association" with a criminal organization (s.a reverse onus) if the offence, prosecuted by indictment, was committed: 503, there will be a presumption against bail (i.e. If police decide to bring the accused before a Justice pursuant to s. He can also be released by a justice under s. 498 or 499 on an undertaking with or without conditions. If arrested, he can be released by the arresting officer under s. 465(1)(d), the accused can be given an appearance notice without arrest under s. 465(1)(a), (b), the accused can be given a judicial summons without arrest. The trial must be held in provincial court. 465(1)(d) are straight summary conviction offence. There is a Defence election of Court under s. 465(1)(b) and (c) are straight indictable. It is presumptively tried by judge and jury. 469 and so cannot be tried by a provincial court judge. 465(1)(a) are exclusive jurisdiction offences under s. Offences relating to conspiracy are found in Part XIII of the Criminal Code relating to "Attempts - Conspiracies - Accessories". Preliminary inquiry also available.ΔΆ years less a day jail and/or a $5,000 fine (from Sept 19, 2019) Summary proceedings must initiate within 12 months of the offence (786(2))
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