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What defines a hybrid (dual) offence?

  1. An offence punishable by community service

  2. An offence for which the crown can choose to proceed to trial under summary rules or by indictment

  3. An offence that only has fines as a penalty

  4. An offence requiring a minimum sentence

The correct answer is: An offence for which the crown can choose to proceed to trial under summary rules or by indictment

A hybrid (or dual) offence is characterized by the flexibility it offers in terms of prosecution. Specifically, this type of offence allows the Crown to decide whether to pursue the case under summary conviction procedures or by indictment. This choice ultimately depends on the circumstances of the case and the potential severity of the penalty. When the Crown elects to proceed under summary conviction, the penalties are generally less severe, which often leads to a quicker trial process. Conversely, if the Crown opts for indictment, this typically indicates a more serious approach to the offence, which may involve more significant penalties and a longer trial process. This distinction is essential because it allows for proportional justice based on the specifics of the offence committed. The other listed options do not accurately describe the nature of hybrid offences. For example, community service penalties (first option), fines only (third option), or minimum sentencing requirements (fourth option) do not encompass the broader prosecutorial discretion that defines a hybrid offence.