Criminal Law Sample Question

On June 22 last year, Alec, a 19 year old student of St. Gregory College, Markham,
Ontario went visiting Malcolm, a childhood friend. Malcolm then suggested that
the duo took a stroll to a nearby grocery store for candies.

At the grocery store Malcolm picked two sticks of candy which he gave Alec to
put inside the shopping basket. Then when he noticed no one was watching,
Malcolm took a wristwatch which he passed to Alec and asked him to put inside
his pants. Alec saw that the price tag on the wristwatch was $5,299.99 and he
whispered to Malcolm, “Hey, Malcolm. What did you think you are doing?”.
Malcolm motioned to Alec to keep quiet, and do as told. The duo continued
shopping and further put a couple of chocolate bars inside the basket.

Unknown to the boys, the shop-owner had seen them hiding the wristwatch and
alerted the police who arrested the boys. They were later charged with theft of
the wristwatch.

Questions:

The two boys have retained you as their defence lawyer. They seek to know their
fates as regards the trial.

Discuss the rights of Alec and Malcolm as to the possible venue and mode of trial.
Assume that Malcolm initially elected to be tried by the Superior Court and had
requested preliminary inquiry which was completed last week. But today, he
informed you that he has a change of mind and wishes to re-elect. Discuss the
possibility of Malcolm’s re-election