I did not receive disclosure for a 128 case from the Crown. Unfortunately there isn't sufficient time to file 4F before the trial date. Can I still request a stay before I enter my plea or is an adjournment the best I can hope for? The original trial date is about a year after the offense date, so I would have an excellent 11b case if it got adjourned, but I'd like to save a couple of trips to the courthouse if possible. Edit: I was thinking of using a hybrid of RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS Sec. 7, Subsec. 7 (A motion may be heard without notice....where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.) and R. v. Tran (2001), Paragraph 23, citation of R. v. Tauber (1987), where it was stated that "it is UNDOUBTEDLY the trial judge's duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure."
I did not receive disclosure for a 128 case from the Crown. Unfortunately there isn't sufficient time to file 4F before the trial date. Can I still request a stay before I enter my plea or is an adjournment the best I can hope for? The original trial date is about a year after the offense date, so I would have an excellent 11b case if it got adjourned, but I'd like to save a couple of trips to the courthouse if possible.
Edit: I was thinking of using a hybrid of RULES OF THE ONTARIO COURT (PROVINCIAL DIVISION) IN PROVINCIAL OFFENCES PROCEEDINGS Sec. 7, Subsec. 7 (A motion may be heard without notice....where, having regard to the subject-matter or the circumstances of the application or motion, it would not be unjust to hear the application or motion without notice.) and R. v. Tran (2001), Paragraph 23, citation of R. v. Tauber (1987), where it was stated that "it is UNDOUBTEDLY the trial judge's duty to see that an unrepresented accused person is not denied a fair trial because he is not familiar with court procedure."
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Looks like none of this was necessary.. I walked into the courtroom and talked to the prosecutor. Here's how the convo went: -You requested a disclosure, right? -That is correct -You did not receive it? -That is also correct -When did you request it? -August... -[that's where she cut me off] In this case I will not be proceeding with this matter. This prosecutor was very fair and even after negotiating deals with a few suckers, still dropped the charges because their cops didn't show up. The cops had a 50% attendance record in this session (2 out of 4 showed up) Hell, one guy showed up to adjourn for a friend and the charges got dropped. The JP joked: -You've won a great victory for your friend 8) In the end, they dropped my charges "because the constable did not show up" (looks better to blame the cop for not showing up than to take the blame for not sending the disclosure package ;) ) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome :twisted: This goes to prove that even if you're total idiot, dressed like a bum and uneducated about the court system, you should still make an appearance. You can easily luck out like everyone today.
Looks like none of this was necessary.. I walked into the courtroom and talked to the prosecutor. Here's how the convo went:
-You requested a disclosure, right?
-That is correct
-You did not receive it?
-That is also correct
-When did you request it?
-August...
-[that's where she cut me off] In this case I will not be proceeding with this matter.
This prosecutor was very fair and even after negotiating deals with a few suckers, still dropped the charges because their cops didn't show up. The cops had a 50% attendance record in this session (2 out of 4 showed up) Hell, one guy showed up to adjourn for a friend and the charges got dropped. The JP joked:
-You've won a great victory for your friend
In the end, they dropped my charges "because the constable did not show up" (looks better to blame the cop for not showing up than to take the blame for not sending the disclosure package ) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome
This goes to prove that even if you're total idiot, dressed like a bum and uneducated about the court system, you should still make an appearance. You can easily luck out like everyone today.
What kind of a man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter.
Thats another reason why eveyone should fight! More you fight the more they system gets clogged and the more it costs them to run this g_d forsaken sham!
Thats another reason why eveyone should fight! More you fight the more they system gets clogged and the more it costs them to run this g_d forsaken sham!
I got a speeding ticket on the 401 by Cornwall. The officer said I was going 140 initially then dropped it to 130 (for the record I don't believe for a second I was going 140, that's way faster than I would ever intentionally drive). I filled out the info on the back of the notice to request a…
I was recently charged with stunt driving on a 60kmh road. When I was pulled over, the officer told me I was going almost 100kmh (still 40kmh above the limit) but was charging me for stunt driving because I accelerated quickly from an intersection on an empty road (in a straight line). I know…
what to do about a an illegal right turn onto steeles from staines rd
got the ticket around october of last year
put it to trial
so there is a big mess of cars at this intersection and I see a cop outside standing directing traffic with a huge row of cars pulled over to the side, through…
Are any non-domestic vehicles "pursuit-rated" in North America? Also have the Michigan State Police (this is relevant because apparently they have the most accepted selection/testing process) tested any of them to see if they meet their criteria? Just curious...
Ottawa, Canada (AHN) - Beginning Tuesday, or April Fool's Day 2008, fines on Quebec drivers caught overspeeding will be doubled. It is not only the money penalty that will go up, but also demerit points.
The new law, Bill 42, is similar to Ontario's street racing rule. It stipulates fines for…
A friend got a ticket Jan. 9th of this year for doing 110 kph in a 90 kph zone, so 20 over.
What should the set fine and total payable read?
It's confusing to me, as the prescribed fine under HTA s.128 is different than the set fine enumerated by the Chief Justice of the Ontario Court of Justice.
An OPP officer ticketed me claiming I was going 40km/h over the limit (140km/km) on my way home with a few friends on the 401. This is my first ever speeding offense. Although I am sure I was over the limit, I am almost certain that I was not going 40 over, more realistically closer to 30 over. The…
Yesterday night I was charged for stunt driving (excess over 50km/h) and I have a few inquiries. I'm sure you've all heard the same story, but the unmarked cop in an SUV was tailing me for a good 2-3 minutes as I was travelling 120~135 km/h. Then as he came close I decided to boot it up…
I had a speeding ticket in May 2013 which brought me to 9 demerit points out of 15. I received a letter and had to attend an interview. Due to a history of speeding tickets and a previous interview a few years prior, the interviewer decided to put me on zero tolerance for a year. Meaning if I…
) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome 
