The accused, charged with sexual assault and pointing a firearm, applied for a stay of proceedings under s. 11(b) of the Charter, arguing unreasonable delay.
The total delay was 30.5 months.
The Crown argued that much of the delay was attributable to the defence and that the case was complex.
The court deducted 185 days of defence delay, resulting in a net delay of 25 months, which still exceeded the 18-month presumptive ceiling for the Ontario Court of Justice.
The court found no exceptional circumstances or case complexity to justify the delay.
The application was granted and the proceedings were stayed.
