908 THE ADVOCATE VOL. 75 PART 6 NOVEMBER 2017 management conference. The time for delivery may be adjusted as necessary if the first case management conference is held within a very short time of the accused person’s first appearance in the Court. Crown’s Trial Plan 37. Also to be delivered, at the times indicated in paragraphs 14 and 15, is the Crown’s trial plan, setting out (a) a succinct description of the evidence addressing the elements of the alleged offence(s), and, if appropriate, the elements of the defence(s) likely to be at play e.g. re the identity of the offender—evidence of the accused person’s DNA on the gun found in a dumpster behind the store where the victim (a store clerk) was shot (b) the witnesses the Crown expects to call, and an overview of the evidence each witness is expected to provide e.g. Det. Joe Smith—seized a gun from the dumpster behind the store 30 minutes after the shooting; swabbed the gun for DNA testing (c) for each proposed expert witness, a brief description of the proposed areas of expertise, and an overview of the witness’s expected evidence e.g. Maria Carerras—DNA analyst—the sample taken (by Det. Joe Smith) from the seized gun matches the accused person’s “known” sample (d) details of the voir dires or other pre-trial applications to be sought or made by the Crown (e) a general description of the potential voir dire or other pre-trial applications that the Court may wish to canvass with the defence (f) any known or anticipated objections to the admission of Crown exhibits or other evidence in the trial (g) an overview of the admissions the Crown will seek, and (h) practical or logistical issues relating to anticipated voir dires or pretrial applications or the trial, such as specific courtroom or equipment needs, security issues, and special accommodation for witnesses or others. Changes to Case Management Materials 38. The Crown Synopsis and the Crown’s trial plan may be revised from time to time.
Nov Advocate 2017
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