2 total
Stay of proceedings granted for sexual assault charges due to 25-month net delay exceeding Jordan ceiling.
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.
Accused acquitted of marital sexual assault and uttering threats due to reasonable doubt despite defence counsel's reliance on prohibited stereotypes.
The defendant was charged with sexually assaulting his wife on three occasions and uttering a threat to cause her death or bodily harm.
The complainant alleged the incidents occurred during their arranged marriage, while the defendant denied the allegations and claimed they were fabricated after he requested a divorce.
The court found the complainant's evidence had a ring of truth but lacked sufficient detail to prove the sexual assaults beyond a reasonable doubt.
The court also strongly condemned defence counsel's reliance on prohibited stereotypes and rape myths during cross-examination and submissions.
Ultimately, the court acquitted the defendant of all charges as the Crown failed to meet its burden of proof.
