Indictable Offences These are types of offences are considered more serious and often include crimes of violence with weapons or injury. The maximum sentence for indictable offences varies based on the offence ranging from two years in custody, five years custody, 14 years custody to life in prison. When a person is charged with an indictable offence the accused has a choice of being tried by a judge in the Ontario Court of Justice, by a judge in the Superior Court of Justice or by a judge and jury in the Superior Court of Justice. Some indictable offences give an accused person the option of having a preliminary inquiry in the Ontario Court of Justice.
I defend all indictable offences, including but not limited to Robbery, Murder, Trafficking in Controlled Substances, Firearms offences, etc.
Summary and Super-Summary Conviction Offences Summary offences are considered less serious and are dealt with in the Ontario Court of Justice. The maximum sentence for a summary conviction offence is six months jail and/or a $5,000 fine. Summary conviction cases can only be heard by a judge in the Ontario Court of Justice.
Super-Summary cases are more serious than straight summary conviction offences, but less serious than indictable matters. The maximum punishment for a super-summary offence is 18 months' in custody. These cases can only be heard by a judge in the Ontario Court of Justice.
I defend all summary and super-summary offences, including but not limited to, Causing a Disturbance, Trespassing, Taking an Automobile without Consent etc.
Hybrid Offences Many offences in the Criminal Code are "hybrid" offences which means that they can be prosecuted by either summary conviction or indictment. It is the Crown attorney, not the accused, who makes the decision as to which way the matter will proceed. Until the Crown makes its election the matter is treated as proceeding by indictment. The circumstances of the offence including the level of violence and the effect of the crime on any complainants can be considered by the Crown in deciding what election to make.
I defend all hybrid offences, including but not limited to, Sexual Assault, Assault, Dangerous Operation of a Motor Vehicle etc.