Search results
Results From The WOW.Com Content Network
The Melbourne Magistrates' Court.In Victoria, Australia, all summary offences are heard in the Magistrates' Court. A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, [1] [2] [3] without the right to a jury trial and/or indictment (required for an indictable offence).
In the case of offences primarily punishable only on summary conviction, the accused, if the maximum punishment is imprisonment for over three months, can choose a jury trial (Summary Jurisdiction Act 1879, s. 17). In the case of offences primarily punishable only on indictment, power to convict summarily is given in the following cases:
Examples of offences which are always summary offences include trespassing at night (section 177), [2] causing a disturbance (section 175) [2] and taking a motor vehicle without the owner's consent (section 335) [2] (an equivalent to the British TWOC). Summary conviction offences are tried by a judge alone in the province's provincial court.
Summary conviction, convicting an accused without giving him the benefit of a jury trial and/or indictment. Summary court-martial, the lowest in the rank of courts-martial, conducted before one commissioned officer, limited in jurisdiction to offenses of a minor or petty nature of which enlisted men, not commissioned officers, stand accused.
DETROIT (AP) — A man who served nearly 40 years in prison for a Detroit-area murder won't face another trial after a judge threw out his conviction based on new evidence.
Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...
appeal allowed in part (acquittal allowed on one charge, convictions continued on remaining charges) Holding (1) A detention is defined as suspension of an individual's liberty by significant physical or psychological restraint, with various factors helping to determine whether there was a psychological detention.
The general standard of proof at a sentencing hearing is a "balance of probabilities". If the Crown, however, is relying on an aggravating fact or a prior conviction, the burden of proof is "beyond a reasonable doubt". [3] There are a number of exceptions to the normal rules of evidence. For example, the judge may permit hearsay evidence.