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The Role Of A Provincial Court Judge, Sitting In The

706 words - 3 pages

The role of a Provincial Court Judge, sitting in the Criminal Division is a somewhat complicated affair. There are many variables deciding where, how, and using which legal principles these cases are heard and tried.When sitting in a Provincial Court, the presiding Judge is the trier-of-law. There can be no jury present in a Provincial Court, therefore the Judge is also the trier-of-fact. A Provincial Court Judge has exclusive jurisdiction on Summary Conviction Offenses, as well as Class B Indictable Offenses. The Judge can hear Class A Indictable Offenses, but not try them. The Judge, can also try Class C Indictable Offenses, dependant how the accused wishes their case is tried. The role of the Judge is to try all of the cases they have jurisdiction over. But what do all of these terms mean? Let's start at the top. Summary Conviction Offenses are the least serious crimes. The punishments they carry cannot exceed 6 months imprisonment with a $2000 fine. An example of a Summary Conviction Offense would be Mischief. Someone accused of a Summary Conviction Offense will come to court, and be tried in the Criminal Division of, in this case, the Provincial Court of B.C. They are tried by a Judge, who acts as the trier-of-law, and the trier-of-fact. The Judge must interpret the facts, and decide using the law if the accused committed the crime beyond a reasonable doubt. If so, then the accused is sentenced in accordance with the crime they have committed. What if their crime was more heinous than a petty mischief? Indictable Offenses represent the most reprehensible crimes known to society. They are divided into 3 classes, which are not formal, but give a good idea how everything is organized. Class A includes the most horrible of crimes, such as murder. Class B includes the least serious of this type of offense, like theft under a value of $5000. They are more serious than Summary Conviction Offenses, but are less serious than the rest of the Indictable Offenses. Class C...

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