David E. Buckman

The Crown appealed sentence, arguing the sentencing judge placed exaggerated weight on remorse and family history while underemphasizing the seriousness of the offence, the severity of the injuries, the respondent's record, and the need for denunciation and general deterrence.

The majority accepted that the deferential standard applied but held the sentence was demonstrably unfit.

Leave to appeal sentence was granted and the custodial sentence was increased to 18 months less four months' credit, for a net sentence of 14 months, with probation left undisturbed.

A dissenting judge would have dismissed the appeal.

The appellant was charged with impaired driving causing bodily harm and related offences.

His trial was delayed for 13 months, during which he was subject to bail conditions prohibiting him from driving.

The trial judge stayed the proceedings due to unreasonable delay under s. 11(b) of the Charter.

The Court of Appeal set aside the stay.

The Supreme Court of Canada dismissed the appeal, applying the framework from R. v. Morin.

The Court found that the delay was not unreasonable given the inherent time requirements of the case, the actions of the accused, the institutional delay guidelines, and the minimal prejudice suffered.

The appellant appealed a decision of the Ontario Court of Appeal which had set aside a stay of proceedings entered by the trial judge due to unreasonable delay.

On consent of both parties, the Supreme Court of Canada allowed the appeal, finding that the Court of Appeal lacked jurisdiction to entertain the Crown's appeal.

The order of the Court of Appeal was quashed and the stay of proceedings was restored.