Answer key says a charge laid 14 months later was out of time. Why?
Paraphrasing a practice question because I have gone round in circles on it.
Minor assault, no weapon, no injury. Incident in March. Information sworn the following May, fourteen months later. Crown proceeds summarily. Defence moves to have it thrown out.
I said the motion fails because there is no limitation period in criminal law. Key says the motion succeeds. I have read the answer twice and I still do not follow what the fourteen months is doing.
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The question is correct, becayse of s.786(2). Twelve months from when the subject matter arose. Fourteen is outside it. The words "proceeds summarily" are the entire question.
oh. so if the crown had gone by indictment instead
Then no cutoff and the motion fails, which is the answer you gave. Its t same facts, but opposite outcome, and the only thing that moved was the Crown's election.
It is also extendable if the prosecutor and the defendant agree, so a pattern that mentions consent is pointing somewhere else again.
is a minor assault even hybrid or is it summary only?
Hybrid, which is why the question can say "proceeds summarily" at all. On a pure summary offence there would be nothing to elect and the twelve months would just apply.
Worth writing the date in the margin every single time a pattern gives you one. I lost two questions before I started doing that. They do not put a specific month in a fact pattern for decoration.
yeah I read straight past it. doing the margin thing from now on
while youre in there double check your summary maximum. it went to two years less a day in sept 2019 and anything older says six months. mine did
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