Earl Zammit applied for a stay of proceedings, alleging an infringement of his s. 11(b) Charter right to be tried within a reasonable time.
The court applied the new framework established in R. v. Jordan, finding a total delay of approximately 36 months, which exceeded the 30-month presumptive ceiling for Superior Court.
The court determined that the delay was not attributable to the defence, nor were there exceptional circumstances or transitional exceptions to justify it.
Consequently, the application was granted, and the charges were stayed.
