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Issues in Criminal Trials and Summary Appeal Law, 3rd Edition
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Drawing on his more than 23 years of experience and expertise, author and Assistant Crown Attorney Moiz Karimjee explains the law on approximately 70 offence specific and particular issues in criminal trials and sentencing hearings and the basis for launching summary conviction and sentence appeals. The law is synthesized, when necessary, to assist counsel and judges in navigating a body of law that may often appear to be contradictory.
For ease of reference, Issues in Criminal Trials and Summary Appeal Law, 3rd Edition is divided into four parts:
- Part I – provides a summary of the law surrounding summary appeals, including the basis upon which a summary conviction appeal can be launched and legal tests
- Part II – provides a synthesis of the law on issues that are frequently argued as the basis of summary appeals, as well as emerging issues of law
- Part III – provides post-R v. Jordan analysis of the powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings
- Part IV – provides guidance to counsel after they have determined that a summary conviction (or acquittal) appeal should be launched, outlining the rules and procedures that govern appeals
Features of This Book
- Provides pragmatic assistance by providing a synthesis of the law on almost 70 offence specific and particular issues arising in criminal trials and sentencing hearings, including a brief summary of each topic as well as the applicable leading case law
- Helps answer the complex questions that are relevant when considering a summary conviction and sentence appeal
- Contains sample precedents related to summary appellate practice for everyday use
- Includes a special chapter with guidance on summary appeal advocacy by the Honorable Justice Ratushny
What’s New In This Edition
- New and updated content since the previous edition published in 2018
- Discussion of emerging issues of law applicable to both appeals in summary and indictable matters, such as:
- Is the reasonableness standard for review of a conviction consistent with the presumption of innocence as it allows one judge to convict based on the same evidence that another judge could acquit on
- Whether a person can be convicted of sexually assaulting another person for secretly recording the sexual activity with that person
- How courts across the country should approach concurrent versus consecutive sentences
- The powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings, including the recent decision of R. v. Haevischer, 2023 SCC 11
- Self-caution that judges might want to consider in dealing with religious minorities
- Whether a person can be convicted of criminal harassment or mischief for yelling at a Muslim woman for wearing a hijab
- The mens rea for refusal to provide a breath sample
Who Should Read This Book
- Criminal lawyers including crown counsel – provides a practical guide to effectively consider and litigate criminal trials and summary appeals
- Judges – answers questions in relation to issues in criminal trials and the basis of launching summary conviction and sentence appeals
- Law schools and law libraries – addresses the practical and legal issues that emerge in criminal trials and summary appeals
Table of contents
Part I: Summary Appeals
Chapter 1: The Statutory Framework of Summary Criminal Appeals
Chapter 2: Basis for Appealing an Acquittal
Chapter 3: The Powers of a Summary Appeal Court on Appeals from an Acquittal
Chapter 4: The Three Bases for Appealing a Sentence
Part II: Issues Commonly Arising on Summary Appeals
Chapter 5: Issues Commonly Arising on Summary Appeals
Part III: Post-Jordan
Chapter 6: Post-Jordan: The powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings, including the recent decision of R. v. Haevischer, 2023 SCC 11
Part IV: Supplementary and Post-Appeal Issues
Chapter 7: Essential Timelines, Rules, Tests and Consent Orders under the Criminal Proceedings Rules for the Superior Court of Justice
Chapter 8: Bail Pending Appeal, Stay of Driving Prohibition Pending Appeal, and Stay of Sentence Orders
Chapter 9: Section 684 Applications
Chapter 10: The Test for Waiving Compliance with the Rules and Seeking Leave to Amend the Notice of Appeal After the Appellant Has Filed the Factum
Chapter 11: Guidance on Summary Appeal Advocacy by the Honorable Justice Ratushny
Chapter 12: Does the Recognizance or Detention Order Before a Verdict or Sentence Continue to Apply During the Appeal Stage? Does It Apply Post-Appeal If a New Trial Is Ordered?
Chapter 13: What Next After a Summary Appeal?
Appendix 1: Draft Section 684 Order
Appendix 2: Draft Letter to Legal Aid in Respect of a Section 684 Order
Appendix 3: Questions that the Unrepresented Appellant May Have to Answer to Support the Section 684 Application
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