Eugene Wong

The accused brought a section 11(b) Charter application seeking a stay of proceedings for unreasonable delay.

The information was sworn on March 9, 2022, with trial anticipated to end on October 8, 2025—a total delay of 1,309 days (approximately 43 months).

Applying the Jordan framework, the court calculated net delay of 950 days after deducting 23 days of defence delay and 336 days for exceptional circumstances (Rogers outage and complainant injury).

The net delay of 950 days far exceeded the 18-month presumptive ceiling for provincial court.

The Crown failed to establish exceptional circumstances sufficient to rebut the presumption of unreasonableness.

The court found systemic issues including delayed disclosure, excessive adjournment following a service outage, a trial coordinator policy requiring rescheduling after re-estimation, and a late-filed DSF application that necessitated further adjournment.

A stay of proceedings was granted.

The Ontario Court of Justice sentenced Akashkumar Narendrakumar Khant, who pleaded guilty to attempted commission of an indecent act contrary to section 173(1)(b) of the Criminal Code, following a police sting operation targeting individuals seeking sexual services from minors.

The Crown sought 90 days custody, while the Defence proposed a conditional discharge with probation and house arrest.

The Court considered extensive psychological assessments, mitigating factors including Khant’s remorse, rehabilitation efforts, and severe immigration and professional consequences of a conviction.

The Court distinguished this case from more serious precedents, noting evidentiary weaknesses and the incomplete nature of the offence.

Ultimately, the Court imposed a conditional discharge with 12 months probation, including 3 months house arrest, emphasizing proportionality, rehabilitation, and the avoidance of disproportionate collateral consequences.