Types of Verdicts

Guilty versus not guilty

At the end of a trial, the judge or in jury trials, the jury, must return a verdict of guilty or not guilty with respect to each charge. The verdict does not need to be the same for each charge. For example, the judge might found you guilty of assault but not guilty of robbery.

A judge might also find you not guilty of the offence as charged, but guilty of a lesser included offence. For example, if you are charged with aggravated assault, the judge or jury may find you not guilty of that offence but guilty of simple assault (if the facts support this conclusion).

If you are found guilty of one or more of your charges by a judge or jury, or, you plead guilty, the matter will then proceed to sentencing.

If you are found not guilty following a trial, this means you have been acquitted of the charge(s) against you. Your matter comes to an end, unless the Crown appeals your acquittal. If you were being held in custody pending your trial, you will be released. If you were on bail pending your trial, you are no longer bound by the bail conditions relating to the charges you were acquitted of.

stay of proceedings vs. withdrawal of charges

At any point after the charges are laid, whether prior or during trial, the Crown has the power to withdraw your charges. They may do so if there is not a reasonable prospect of conviction or if pursuing the charges is not in the public interest.

A stay of proceedings refers to circumstances where the case against you is stopped without a determination of the merits of the case. A stay of proceedings is granted in rare cases as a remedy for some form of unfairness. For example, a stay may be granted as a remedy for undue delay in bringing your matter to trial, an egregious Charter violation or an abuse of process by police.

The key difference between a withdrawal and a stay of proceedings is that where charges are stayed (rather than withdrawed), the Crown has the power to reinstate the charges within one year from the day the charges were stayed.

Disclaimer: Please note that this article is not legal advice. It is simply intended to be a simplified explanations of the criminal process in Ontario. There may be differences, however, in different jurisdictions or courthouses within Ontario based on their own rules, regulation or common practices. If you’ve been charged with a criminal offence or are anticipating potential charges, don’t hesitate to reach out to a lawyer for a consultation to discuss the particulars or details of your case.