Describe summary conviction proceedings


Problem: You are a Crown prosecutor. The police have just informed you that they have laid assault charges against Andrew, a 32-year-old Kingston resident, in relation to a fight that broke out outside a Kingston bar in March 2021. Andrew punched and severely injured another patron of the bar. Witnesses claim that the other man punched Andrew, then walked away, but that Andrew ran after him and hit him in the back of the head. Andrew had previously been involved in a fight outside a bar a few years before this incident and had been convicted of assault. Assault is a hybrid offence, which can be prosecuted either by indictment or by way of summary conviction proceedings.

Considering the factors above, would you proceed by way of indictment or by summary conviction proceedings? Give reasons for your decision.

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