A. Sethi

The accused applied for a stay of proceedings under s. 24(1) of the Charter, alleging a violation of his s. 11(b) right to be tried within a reasonable time.

The total delay was 31 months and 20 days, exceeding the 30-month presumptive ceiling set in Jordan.

The Crown argued the delay was justified by the exceptional circumstance of the COVID-19 pandemic.

The court agreed, finding the pandemic and its systemic impact constituted a discrete exceptional circumstance that reduced the net delay below the ceiling.

The application was dismissed.

The offender was convicted of assault causing bodily harm, attempted murder, and forcible confinement against his intimate partner.

The court applied the Kienapple principle to stay convictions for uttering threats and assault, but declined to stay the forcible confinement conviction.

Emphasizing denunciation and deterrence for domestic violence, the court sentenced the offender to a global term of 6 years imprisonment, less credit for pre-sentence custody.

The appellant appealed his convictions for dangerous driving, driving while disqualified, and breach of probation, arguing that the trial judge misapprehended the evidence of a defence witness and improperly assessed credibility.

The Superior Court of Justice dismissed the appeal, finding no material misapprehension of evidence and deferring to the trial judge's reasonable findings of fact and credibility assessments.