INTRODUCTION AND BRIEF DESCRIPTION
This section outlines the possible outcomes of a trial in a summary conviction court.
SECTION WORDING
804 When the summary conviction court has heard the prosecutor, defendant and witnesses, it shall, after considering the matter, convict the defendant, discharge the defendant under section 730, make an order against the defendant or dismiss the information, as the case may be.
EXPLANATION
Section 804 of the Criminal Code of Canada outlines the options available to a summary conviction court after hearing arguments from the prosecutor, defendant, and witnesses. The summary conviction court is a lower court that has jurisdiction over less serious criminal offences, and it is tasked with making decisions regarding the defendant's guilt, acquittal, or possible punishment. As per the language of Section 804, the court can take one of several actions based on the evidence presented before it. If the court finds the defendant guilty, it will convict the defendant and impose a penalty depending on the nature of the offence. Alternatively, if the court determines that the charges against the defendant cannot be made out beyond a reasonable doubt, it may dismiss the charges altogether. In some cases, the court may discharge the defendant under section 730 of the Criminal Code. Section 730 pertains to conditional or absolute discharges, which allow the defendant to avoid a conviction if they adhere to certain conditions, such as completing community service or attending counselling. Finally, the court may make an order against the defendant, which could include payment of a fine, restitution to the victim, or a prohibition from engaging in certain activities. This order is designed to enable the court to impose appropriate measures to both punish the offender and protect society. Overall, Section 804 provides clear guidelines to the summary conviction court, ensuring that the court's decisions are fair, consistent, and in line with the principles of justice. The section helps to ensure that the criminal justice system operates in a manner that is both accountable and transparent, while safeguarding the rights of both defendants and victims.
COMMENTARY
Section 804 of the Criminal Code of Canada is an important provision that outlines the judgment process for summary convictions. This provision enumerates the various actions that a summary conviction court may take once it has heard the prosecution, the defendant, and witnesses. These actions can include conviction, discharge under section 730, making an order against the defendant, or dismissing the information. The objective of this provision is to ensure that the summary conviction courts operate efficiently and effectively. The courts must be able to make judgments that take into account the facts and circumstances of each case while also ensuring that justice is served. The provision seeks to facilitate this process by defining the possible outcomes of a trial. The provision also clearly states that the court shall consider the matter before making a decision. This means that courts must assess all the relevant evidence presented during the trial before making a decision. The courts must ensure that any judgment made is fair and just. This principle is essential in safeguarding the rights of accused individuals. The section also provides for the discharge of the defendant under section 730. This provision gives the judge discretion to discharge the defendant, meaning that they will not be convicted and will not receive a criminal record. The judge may grant this discharge if they believe that it is in the best interest of justice to do so. For example, if a defendant is a first-time offender, the judge may choose to discharge them instead of imposing a heavier penalty. On the other hand, the court may make an order against the defendant if they are convicted. This order can take the form of a fine, probation, imprisonment, or any other type of penalty that the judge deems appropriate. The court's decision will depend on the severity of the crime committed and the circumstances surrounding it. Lastly, section 804 allows for the information to be dismissed. This means that the court has determined that there is insufficient evidence to prove beyond a reasonable doubt that the accused is guilty of the offence. This provision ensures that individuals are not falsely accused or convicted of crimes they did not commit. Overall, section 804 aims to ensure fairness, equity, and efficiency in the summary conviction court system. It provides guidelines for judges to make informed judgments based on the circumstances of each case, taking into account the evidence presented during the trial. By doing so, the provision helps to uphold the integrity of the Canadian legal system.
STRATEGY
Section 804 of the Criminal Code of Canada plays a vital role in laying down the framework for the summary conviction court when considering cases that require their attention. It sets out the different possible outcomes after the prosecutor, defendant, and witnesses have been heard. Therefore, it is crucial for the accused and their lawyers to understand the strategic considerations related to this section of the Criminal Code of Canada. This section also provides a number of strategies that can be employed to increase the likelihood of a favorable outcome. One of the most crucial strategic considerations for defendants is the importance of having a competent lawyer present when dealing with this section. Because the outcome of the case is dependent on the court's decision, it is vital that the lawyer is knowledgeable of the relevant law, skilled in legal research and drafting, and experienced in representing clients before the summary conviction court. Another strategic consideration is the preparation of a viable defense strategy. This includes identifying the weaknesses of the prosecution's case and building an effective rebuttal that could result in a different outcome. This could involve taking steps like analyzing the evidence carefully, gathering and presenting witness statements, obtaining expert opinions, and negotiating with the prosecutor for a plea bargain where needed. Furthermore, it is crucial to note that the prosecutor must prove the case beyond a reasonable doubt. This puts the burden of proof on the prosecution and not the defendant, which is an advantage. Defendants can take advantage of this by exposing inconsistencies in the prosecution's case or raising doubts about the credibility of their witnesses. Another crucial strategy is the ability to present a compelling argument in court. This requires a thorough understanding of the facts of the case, as well as an understanding of the legal issues at play, and a comprehensive grasp of the Criminal Code. It is also essential to have good public speaking skills and the ability to make persuasive arguments. It is worth noting that the summary conviction court has great discretion in applying s. 804. This means that the outcome of the case can be influenced by the judge's discretion. Therefore, it is essential to take cognizance of the judge's temperament and ruling patterns and craft an argument that best aligns with the judge's views. In conclusion, section 804 of the Criminal Code of Canada has been designed to give the summary conviction court guidance when considering matters brought before it. It is, therefore, essential for defendants to understand the strategic considerations related to this section, which includes engaging the services of a competent lawyer, building a strong defense strategy, presenting a compelling argument, and understanding the judge's temperament and ruling patterns. Employing these strategies increases the chances of a favorable outcome in court.