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 lost my license in an accident i had to due my exceeding amount of demerit points. i went to jail and made bail i was put on a curfew of 9am to 9pm stupidly enough i did not follow and i got pulled over for driving with a different cars license plates, no insurance, and violating my curfew... i…
I was charged for disobey sign (no left turn) in a winter noon time around Bay/Edward (the prosecutor/judge said it to be a Absolute liability offences but disobey sign is actually a strict liability offence, right? And I found this: For example, if you made an illegal left-turn where there were…
so got fined with 69km in a 50km, at bottom of hill...didn't even have foot on the gas. first ticket ever in over 10 years of driving. fine was 62$ and 3 points.
cop says take to court and get demerit points reduced. didn't even let me speak and walks away.
On my way to work today I got a 110 dollar ticket + 2 demerit points.
I was driving north on Bathurst and turned left onto a side street into a residential area before hitting the lights at Eglinton and Bathurst. I normally do this to avoid the big line up to turn left onto Eglinton.
On the 400 extension EB towards Barrie cops like to hide out under an over pass that is Ski Trails Rd. They tag people as the come over the crest of the hill and that is 900m from where this officer was standing.
I'm confused because I knew this, saw the cop, and checked my…
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of…
Today i got caught doing 115 in a 90 at Mayfield and 410 and what I have been reading is that this offence is 3 points. Seeing this is my first offence I'm unsure if the ticket is supposed to I lost 3 points or is that just automatic. Also should I go to fight it to drop the points and just pay the…
I was (recently) involved in a traffic accident where, due to icy road conditions, I slid into oncoming traffic while making a right turn, while they were coming towards me and stopping at a stop sign. This was a residential area and there's no way I was exceeding anything over 20KM/h on…
) so I ended up having 2 outs in this matter. All in all, I'm satisfied with the outcome 
