hybrid offence

The power to choose under which class a hybrid offence will be tried rests with the crown counsel.

Assault causing bodily harm is a hybrid offence or dual offence.

See hybrid offence.

The expression "hybrid offence" was applicable to an offence triable either on indictment or summarily.

Most other offences defined by the Criminal Code are triable either way, and are sometimes known as hybrid offences.

Possession is a hybrid offence, which means the Crown will chose if they will proceed with an indictable charge or a summary conviction charge.

In Canada, breaking and entering is prohibited by section 348 of the Criminal Code and is a hybrid offence.

In 1930, Parliament changed the offence to a hybrid offence, giving the Crown the option to proceed with the more serious indictable offence procedure.

Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes).

In English criminal law a hybrid offence is called a "triable-either-way offence" and can be heard at either the Magistrates' Court or Crown Court.

Under section 38 of the Offences against the Person Act 1861, this is a hybrid offence, which carries a maximum penalty on indictment of two years' imprisonment and/or an unlimited fine.

If the offence is a summary conviction offence (or a hybrid offence where the Crown elects to proceed summarily), the maximum fine is $5,000, unless otherwise stated in the statute.

It is a hybrid offence, which may be punishable upon summary conviction or as an indictable offence, the latter of which may carry a prison term of up to ten years.

Note that in the case of hybrid offences, the Crown must make a binding decision as to whether to proceed summarily or by indictment prior to the defendant making his or her plea.

Again, unless otherwise stated by statute, if the offence is an indictable offence (or a hybrid offence where the Crown elects to proceed by indictment), the maximum sentence of imprisonment is 5 years.

A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment.

In the case of hybrid offences in England and Wales, the decision whether to deal with a case in Magistrates Court or Crown Court is not made by magistrates until after a plea has been entered.

In Canada, these are known as hybrid offences, whereas in England and Wales, these are known as either way offences, and can only be heard summarily with the defendant's consent and if the Magistrates' Court finds that matter is suitable for summary trial.

All a trifle bemusing when it is remembered that the newly elected Tony Blair and his entourage were trailing the joys of the English system of trial by jury on a formal visit to China, even re-enacting a mock trial for one of those minor hybrid offences.

The charge was a hybrid offence that could be either an indictment consisting of a fine at the discretion of the court and to imprisonment for five years or to both, or a summary conviction consisting of a fine of $25,000 and a prison term for one year or both.

If the accused is charged with an offence punishable by summary conviction or if the Crown elects to proceed by summary conviction if the accused is charged with a hybrid offence, the accused is not entitled to a preliminary inquiry and is immediately committed to trial.

Where the stolen item is not a testamentary instrument and is not worth more than $5000 it is known as Theft Under $5000 and is a hybrid offence, meaning that it can be treated either as an indictable offence or a less serious summary conviction offence, depending on the choice of the prosecutor.