These questions come from our bank but are not in any of our paid exams. Try each one, then reveal the answer and the explanation.
Question 1
Dana Moreau is in custody on an indictable offence not listed in s. 469 of the Criminal Code. At her bail hearing, the Crown asks for a one-week adjournment to gather information. Dana does not consent. The justice may adjourn the hearing:
A.not at all, since Dana has not consented to it.
B.for the week requested, if the justice finds it reasonable.
C.for up to 90 days, after which her detention must be reviewed.
D.for no more than three clear days.
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Answer: D. for no more than three clear days.
Section 516 of the Criminal Code lets a justice adjourn proceedings under s. 515, on the application of the prosecutor or the accused, and remand the accused in custody, but no adjournment may exceed three clear days without the accused's consent. Since Dana does not consent, three clear days is the limit. (B) The justice has no discretion to go beyond three clear days because the request is reasonable; only the accused's consent permits a longer adjournment. (C) Ninety days is the period after which the custodian must apply for a detention review if the trial has not begun (s. 525(1)); it does not govern adjourning a bail hearing. (A) Consent is needed only for an adjournment longer than three clear days; a shorter one may be granted over Dana's objection.
Question 2
Your client was acquitted by a judge and jury in the Superior Court of Justice in London of an indictable offence. The Crown appeals, and the Court of Appeal for Ontario finds that the trial judge erred in law and allows the appeal. Under s. 686(4) of the Criminal Code, the court may:
A.set aside the verdict and enter a verdict of guilty, or order a new trial.
B.set aside the verdict, enter a verdict of guilty and remit the case for sentence.
C.set aside the verdict and order a new trial, but only before a judge without a jury.
D.set aside the verdict and order a new trial, but may not enter a verdict of guilty.
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Answer: D. set aside the verdict and order a new trial, but may not enter a verdict of guilty.
When the Court of Appeal allows a Crown appeal from an acquittal, s. 686(4)(b) of the Criminal Code lets it set aside the verdict and order a new trial or, except where the verdict is that of a court composed of a judge and jury, enter a verdict of guilty. Because your client was acquitted by a jury, a new trial is the only order available. (A) The power to substitute a guilty verdict in s. 686(4)(b)(ii) does not apply to a jury acquittal. (B) Remitting for sentence follows only a substituted guilty verdict, which is unavailable here. (C) Section 686(4) does not restrict the mode of the new trial to a judge sitting alone.
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