Criminal Procedure.
[CAP. 221]
prosecuted for felony, in which case the accused person may be dealt with as if he had not been previously put on his trial for misdemeanor.
Proof of certain matters.
[61]
previous conviction. 7 & 8 Geo. 4, c. 28, s. 11.
3104.9585.2
66. Where an indictment contains a count charging the accused person with having been previously convicted, and it becomes necessary on the trial to prove such previous conviction, a copy of the conviction for the offence punishable on summary conviction or a certificate containing the substance and effect only (omitting the formal part) of the indictment and conviction for the indictable offence, as the case may be, purporting to be signed by the officer having the custody of the records of the court where the offender was convicted, shall, on proof of the identity of the person, be sufficient evidence of the said conviction, without proof of the signature or official character of the person appearing to have signed the same.
[62]
Proof on trial of plea of autrefois convict or autrefois acquit.
67. On the trial of an issue on a plea of autrefois convict or autrefois acquit, the depositions transmitted to the Registrar or Attorney General on the former trial, together with the judge's notes, if available, and the depositions transmitted to the Attorney General on the subsequent charge, shall be admissible in evidence to prove or disprove the identity of the charges.
[65]
68. Where the offence with which any person is charged is-
(a) the doing of any act; or
(b) the omission to do any act; or
(c) the possession or custody of any matter or thing, without lawful or reasonable authority or purpose or excuse, the proof of such authority or purpose or excuse shall lie on the person charged with the offence.
Case punishable on summary conviction.
Proof where acts done without lawful excuse, etc.
31 of 1911, s. 34.
69. (1) If, either before or during the trial of an accused person, it appears to the court that such person has been guilty of an offence punishable only on summary conviction, the court may either order that the case shall be committed for trial through error.
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