Adjoe Adjei

The accused brought a section 11(b) Charter application alleging that his right to be tried within a reasonable time had been infringed.

The accused was charged with production of marijuana, possession of marijuana for the purpose of trafficking, and theft of electricity on March 31, 2011.

The trial was scheduled for August 8-9, 2012, resulting in a total delay of 16 months and 8 days from charge to trial.

The court applied the framework from R. v. Morin and found that after deducting reasonable periods for intake, judicial pre-trial procedures, and counsel preparation, the actual delay was 13 months.

The court found that this delay exceeded the guidelines and that the accused suffered both actual and inferred prejudice.

A stay of proceedings was granted.

The defendant was charged with three counts of possession for the purpose of trafficking (cocaine, crack cocaine, and marijuana), two counts of simple possession (marijuana and oxycodone), and one count of possession of proceeds of crime.

Following a trial based on circumstantial evidence, the defendant was found guilty of possession of marijuana for the purpose of trafficking and possession of proceeds of crime.

The defendant was acquitted of the cocaine trafficking charges and the oxycodone possession charge due to reasonable doubt regarding possession, despite the court's suspicion of guilt.