Corbett Application (Precedent)

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PRECEDENT TERMS OF USE All forms, templates and precedents, including anything found on this page, can be used without the need for any attribution.

Notices

Notice to Exclude Accused's Criminal Record

--> Style of cause   C A N A D A File# ________________ PROVINCE OF [PROVINCE] COUNTY OF [COUNTY] IN THE [LEVEL OF COURT] OF [PROVINCE] ([name] Region) BETWEEN: HIS MAJESTY THE KING – and – [ACCUSED NAME] NOTICE OF CORBETT APPLICATION (Pursuant to R v Corbett, [1988] 1 SCR 670) WHEREAS the accused, [accused name], has been charged that [on or about/between] [dates of the offence] he/she is alleged to have committed offences contrary to section(s) [list sections] of the Criminal Code; WHEREAS the trial for these outstanding charges is currently scheduled to begin before the [level of court] on [date] at [time]. TAKE NOTICE that pursuant to R v Corbett, [1988] 1 SCR 670 at the forthcoming trial upon these charges, the Defence seek an order prohibiting the Crown from adducing evidence of the accused's prior criminal record, particulars are as follows: ______________________________________ ______________________________________ ______________________________________ THE APPLICANT RELIES ON THE FOLLOWING LEGAL GROUNDS: [enumerate the principles that apply to the circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. THE APPLICANT RELIES ON THE FOLLOWING FACTUAL GROUNDS: [give a narrative of the relevant portions of the investigation and prosecution or other important circumstances] ... Any additional grounds as counsel may advise and this Honourable Court may permit. IN SUPPORT OF THIS APPLICATION, THE APPLICANT RELIES ON THE FOLLOWING EVIDENCE: [SET OUT documents and transcripts upon which the applicant relies upon; e.g affidavit, transcript, business records, oral evidence] ... Any additional evidence as counsel may advise and this Honourable Court may permit. THE APPLICANT SEEKS THE FOLLOWING RELIEF: An Order for [describe the type of order and terms of the order]. FOR THE PURPOSE OF THIS APPLICATION, THE APPLICANT MAY BE SERVED AT: In accordance with the appropriate Rules of Court, [party name] [party title] [address] [address] [address] Tel: (xxx) xxx-xxxx Fax: (xxx) xxx-xxxx Email: [email protected] DATED at ______________, in the Province of _______________, this _____ day of _____________, 20___. _________________________________ [Counsel's name] [Counsel's title] [Internal File Coding]