Grounds for appeal ?

gramada2
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Grounds for appeal ?

by: gramada2 on
Mon Jul 02, 2012 7:56 am

I had a trial and found guilty, but the trial seemed to go wrong since the beginning.
The JP asked me if i am intending to take the stand- I said NO.
I asked how to submit my evidence-documents and photos.
JP said-i have to take the stand if i want to submit evidence.(Now i am finding this is wrong-i could introduce my evidence during cross examination and my defense would be much stronger)
Me-OK i will take the stand.
JP did not explain i have to swear over the Bible(it is not my religion-the swearing is meaningless for me )
I did cross examine the officer-witness.
It was my turn to take the stand. Here i am submitting my evidence as instructed by the JP.
To my surprise she asked - Why you are submitting it now? You should do it during the cross examination.
JP asks the prosecutor if they agree to accept the evidence.
The prosecutor agreed.
JP upset to me- OK but they will have very little weight. So my evidence was just ignored by the JP and loosing my evidence i lost the case.
Is this JPs failure to guide me as self representing during the trial and grounds for an appeal?
Any help would be appreciated!
Thanks!


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by: Stanton on
Mon Jul 02, 2012 2:13 pm

Based on what you've said, I personally don't think you have grounds for appeal. The JP's role isn't to assist you in presenting your defence or to advise you how best to proceed. It may have been more favourable in your opinion to introduce your photos in cross versus taking the stand, but I don't see that being grounds for appeal in itself.

You may wish to consult with a lawyer or paralegal to see if they have a more expert opinion on the matter.

Some quick thoughts though. If the a new trial was ordered, what is your defence? As mentioned in your other thread, the absence of speed limit sign is not a defence it itself. For an appeal, you'll be paying probably a hundred dollars or more for transcripts in hopes that it's granted. If it is and you have a new trial, do you expect the outcome to be different? You may not feel the ticket is just, but is there valid legal defence? I only say this because the cost and time of the appeal process can be significant, and there's not much point if it will just be a repeat of the first trial.


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by: Radar Identified on
Mon Jul 02, 2012 2:22 pm

I'd probably contact a paralegal and get some advice on this one.

As for swearing on the Bible, I'd contact the Ministry of Justice about that one.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


gramada2
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by: gramada2 on
Mon Jul 02, 2012 2:56 pm

Thanks guys!
I know it is not worth the hassle to appeal but the trial was a real farce. At one point there was no difference between the JP and the Prosecutor.
Both of them were going to eat me alive. As for the duty of the JP to assist me in a way so i can defend my self and there is a case law and is a good reason for appeal.Here is the link to the case law
http://www.canlii.org/en/on/oncj/doc/20 ... cj329.html

I understand them being late afternoon Friday they were rushing to go home and some self defending is wasting their time. At this point the only result from this trial is that i will never trust the court or the police officers again. Ironically i found a wallet on the road few months ago and it turned out to be a police officer. It was full with all his documents. I found a number inside and call him so he got it.
I don't think i will do that next time.
As for the Bible with all my respect to the believers i feel my human rights were taken away with no giving me option but to swear on the Bible. I will definitely look in to the mater further.


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by: Stanton on
Mon Jul 02, 2012 3:49 pm

I'm somewhat familiar with the case law you cite but I'm not sure it fits your situation. My understanding is that the JP has a duty to aid in the proper conduct of your defence and outline the steps of a trial (R v Tran outlines this) and explain your options at each step. The ruling also states however that the JP cannot go so far as to act as your advocate. Again probably best to consult with a legal expert. Also probably a good idea to order a transcript to ensure everything was as you recall.

I will agree that the Court should have given you the option to affirm or swear on a different Holy book. Not sure why that option wasn't presented to you. Can I ask what Court/Jurisdiction this was in?


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by: gramada2 on
Mon Jul 02, 2012 8:33 pm

That was in Durham. Also there was another strange thing i notice in the court room.One of the officers called as a witness was with the uniform and all the guns and ammunition with him. He was in the room when the prosecutor asked the JP to let him stay like that because he did not have time to dress otherwise or something like that. There is no security check at the doors and anyone can enter and bring anything in the court room. This court has a serious issues regarding the court rules.
Regarding the bible-i took the stand and the clerk said" Now put you hand on the bible ......."
Being first time in a court and that was the only chance to submit my evidence i was so confused so i could not react otherwise and i just did whatever they said. Later i was thinking WTF was that. Am I in a church or court? What has the religion to do with the trial taking place in Canada in 2012?
By the way i am atheist respecting every religion but the religion is for the church not in the court room.


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by: Stanton on
Mon Jul 02, 2012 10:35 pm

Just in regards to the officer in uniform, it is the norm for police to have their firearms with them in the Courtroom and be in uniform for that matter.

As for the Bible, if there is a next time (and hopefully not as a defendant) simply say you want to affirm.




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