Daniel Vincent McCarthy

The applicant brought a section 11(b) application seeking a stay of proceedings based on an alleged unreasonable delay to trial in a robbery charge.

The charge was laid on March 13, 2016, with trial scheduled to end on March 9, 2018.

The court applied the presumptive ceiling framework established in R. v. Jordan, which sets an 18-month ceiling for trials in the Ontario Court of Justice.

The key issue was whether delay resulting from the removal of original counsel in December 2016 constituted defence delay.

The court found that the removal of counsel and the resulting adjournment of trial dates constituted defence delay attributable to the defence.

Calculating net delay at approximately 13 months, the court found this fell below the 18-month presumptive ceiling and dismissed the application.

The Crown prosecuted two defendants for breaking and entering a dairy farmer's residence, committing theft, and related offences.

The defendants were charged with jointly breaking and entering and stealing property, possessing stolen property, and possessing a stolen GPS.

One defendant was additionally charged with robbery for physically assaulting the homeowner during the break-in.

The other defendant was charged with dangerous operation of a motor vehicle and assault with a weapon for throwing a rock at the homeowner.

The trial judge convicted both defendants on the break and enter and theft charges, and on possession of property stolen from the residence.

One defendant was convicted of robbery, the other of dangerous operation of a motor vehicle and assault with a weapon.

The charge regarding the stolen GPS was dismissed against both defendants due to insufficient evidence of knowledge of its stolen nature.