The court considered an application by Kenneth Hill to stay his charges for delay under section 11(b) of the Charter, following his conviction for aggravated assault and related offences.
The application was dismissed.
The court found that the pre-verdict delay was attributable to the defence, as Mr. Hill failed to appear for his trial after being inadvertently released from custody.
The post-verdict delay, related to a long-term offender application, was found to be reasonable and largely an exceptional circumstance, with only a short period of undue delay that did not breach the Charter ceiling.
