Courts have lost jursdiction

coolz35
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Courts have lost jursdiction

by: coolz35 on
Sat Mar 01, 2014 10:22 am

In my case, the Crown stated that there was a defect on the Certificate of Offense and essentially the Courts have lost jursdiction.

What exactly does that mean?

Also, the Crown submitted a white form. Im not sure what that is.

Can someone explain what that form is?


ynotp
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by: ynotp on
Sat Mar 01, 2014 7:28 pm

Likely a fatal error on the ticket or a ticket that was filed too late. We're not mind readers could you elaborate on the situation and under what circumstances you met the prosecutor?


coolz35
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by: coolz35 on
Mon Mar 03, 2014 11:48 am

There was no meeting with the prosecutor.

1st hearing, disclosure was given. 11b) motion was denied.
2nd hearing. I asked to cross-examine the officer, however the Crown chose to not call it's own witness, as a summons is required.
3rd hearing. Courts have lost jursdiction due to an error on the certificate of offence.

What type of paperwork did the Crown file?
Is the form available online on the Ontario Court of Justice website?


ynotp
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by: ynotp on
Mon Mar 03, 2014 1:18 pm

Sounds like the prosecutor noticed a fatal error and withdrew the charge. You were told you were free to go an the matter was resolved? Correct?


coolz35
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by: coolz35 on
Mon Mar 03, 2014 11:01 pm

I was told I was free to go.

It seems like the Crown has abandoned my case.

Why didn't they do this earlier?

And for the record, the prosecutor did not withdraw the charge (I asked the JP)
and in fact the courts have lost jursdiction in the matter.

This means, don't have personal jursidiction to come after me. (I looked it up).

I'm just shocked they decided to first, not call their own witness.
Second, I am shocked that they decided to not proceed.

Shouldn't it be my responsiblity to file the documents for this fatal error?

Why would they do me a favor???


ynotp
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by: ynotp on
Tue Mar 04, 2014 7:53 am

No paperwork required. Anything said in court is on record. There is nothing to be shocked about, the system worked the way it was supposed to because despite your lack of knowledge of the system you ended up getting out of a ticket because the paperwork was off. If they could have taken you to trial or got you to plead guilty they certainly would have.


coolz35
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by: coolz35 on
Wed May 14, 2014 9:50 pm

As an update, I received a notice of trial in the mail again. They claimed that they misplaced the Certificate of Offence and now they've found it.

However after attending, the Crown Prosecutor didn't have the photographs, so the charges were withdrawn.

Moral of the story: Don't back down and be persistant.


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