Issues in Criminal Trials and Summary Appeal Law 2nd Edition

Author: Moiz Karimjee
Publisher: LexisNexis Canada
ISBN: 9780433496830
Published In: July 2018
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

AU$182.00

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Description
Contents

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Drawing on his years of experience and expertise, author and Assistant Crown Attorney Moiz Karimjee explains the law on over 50 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.

Issues in Criminal Trials and Summary Appeal Law, 2nd ed addresses practical and legal issues which may emerge during criminal trials and explains the basis for launching summary conviction and sentence appeals. For ease of reference the book is divided into four parts:-

Part I: Reviews the law surrounding summary appeals, including the basis upon which a summary conviction appeal can be launched, as well as the legal tests and onuses
Part II: Discusses a wide variety of offence specific and particular legal topics that can arise in criminal trials and sentencing hearings and may be the basis for launching a summary appeal
Part III: Discusses 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. The chapters in this section outline the rules and procedures that govern summary appeals, and discuss the issues that may arise while awaiting the appeal

Preface: Purpose of the Text

Introduction

Part I – Summary Conviction Appeals

Chapter 1: The Statutory Framework of Summary Conviction 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 Conviction Appeals

Chapter 5: Issues Commonly Arising on Summary Conviction Appeals

Part III – Post Jordan powers of the Superior Court in dismissing applications without a full hearing in criminal proceedings

Part IV -- Supplementary and Post-Appeal Issues;

Chapter 6: Essential Timelines, Rules, Tests and Consent Orders Under the Criminal Proceedings Rules for the Superior Court of Justice

Chapter 7: Bail Pending Appeal & Stay of Driving Prohibition Pending Appeal

Chapter 8: Section 684 Applications

Chapter 9: 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 10: Guidance on Summary Appeal Advocacy (by the Honourable Justice Ratushny)

Chapter 11: 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 12: 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;