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In a hybrid offence, the Crown prosecutor has the choice to proceed by summary conviction or by indictment

  1. True

  2. False

The correct answer is: True

A hybrid offence, also known as a dual procedure offence, is a type of crime in the Canadian legal system that can be legally viewed as either a summary offence (less serious, somewhat equivalent to a misdemeanor in the US) or an indictable offence (more serious, somewhat equivalent to a felony in the US). The decision on how to proceed, by summary conviction or by indictment, is at the discretion of the Crown Prosecutor. This provision is in place to provide flexibility, allowing the justice system to consider the circumstances of each individual case, including the severity of the crime and the previous criminal background of the accused. Therefore, it is true that in a hybrid offence, the Crown prosecutor has the choice to proceed by summary conviction or by indictment.