Courts Have Lost Jursdiction
In my case, the Crown stated that there was a defect on the Certificate of Offense and essentially the Courts have lost jursdiction.
What exactly does that mean?
Also, the Crown submitted a white form. Im not sure what that is.
Can someone explain what that form is?
Re: Courts Have Lost Jursdiction
Likely a fatal error on the ticket or a ticket that was filed too late. We're not mind readers could you elaborate on the situation and under what circumstances you met the prosecutor?
Re: Courts Have Lost Jursdiction
There was no meeting with the prosecutor.
1st hearing, disclosure was given. 11b) motion was denied.
2nd hearing. I asked to cross-examine the officer, however the Crown chose to not call it's own witness, as a summons is required.
3rd hearing. Courts have lost jursdiction due to an error on the certificate of offence.
What type of paperwork did the Crown file?
Is the form available online on the Ontario Court of Justice website?
Re: Courts Have Lost Jursdiction
Sounds like the prosecutor noticed a fatal error and withdrew the charge. You were told you were free to go an the matter was resolved? Correct?
Re: Courts Have Lost Jursdiction
I was told I was free to go.
It seems like the Crown has abandoned my case.
Why didn't they do this earlier?
And for the record, the prosecutor did not withdraw the charge (I asked the JP)
and in fact the courts have lost jursdiction in the matter.
This means, don't have personal jursidiction to come after me. (I looked it up).
I'm just shocked they decided to first, not call their own witness.
Second, I am shocked that they decided to not proceed.
Shouldn't it be my responsiblity to file the documents for this fatal error?
Why would they do me a favor???
Re: Courts Have Lost Jursdiction
No paperwork required. Anything said in court is on record. There is nothing to be shocked about, the system worked the way it was supposed to because despite your lack of knowledge of the system you ended up getting out of a ticket because the paperwork was off. If they could have taken you to trial or got you to plead guilty they certainly would have.
Update
As an update, I received a notice of trial in the mail again. They claimed that they misplaced the Certificate of Offence and now they've found it.
However after attending, the Crown Prosecutor didn't have the photographs, so the charges were withdrawn.
Moral of the story: Don't back down and be persistant.
-
- Similar Topics
-
-
New post Provincial Courts Information
by rorider in Courts and ProcedureLast post by rorider Tue Jan 17, 2012 5:39 pm
-
-
-
New post Do courts provide illustration materials?
by diehardfan in General TalkLast post by FyreStorm Sun Apr 18, 2010 4:00 pm
-
-
-
New post braking distances accepted by courts
by Mr. Peabody in General TalkLast post by Bookm Wed Jun 30, 2010 2:01 pm
-
-
-
New post How hard should I fight a lost cause?
by KTales in General TalkLast post by Frozenover Tue Apr 20, 2010 10:25 am
-
-
-
New post drivers licence lost
by bobajob in General TalkLast post by bobajob Mon Aug 08, 2016 12:00 pm
-
-
-
New post Caught going 132 km/h on the 417; cruiser lost sight of me
Last post by ynotp Mon Jan 13, 2014 1:21 pm
-
-
-
New post Friend lost his G2 for going 20 km over during G road test
Last post by daggx Sat Mar 29, 2014 2:00 am
-
-
-
New post Court lost request for trial
by morta in Courts and ProcedureLast post by admin Mon Oct 01, 2012 10:35 pm
-
-
-
New post Moving from BC to Ontario, lost license for being over .08
Last post by Radar Identified Fri Oct 14, 2011 1:48 pm
-
Who is online
Users browsing this forum: No registered users and 5 guests