Mostafa Sarwat Abdelhamied Hassan

The applicant, Michael Turcios, brought a motion for a stay of proceedings under s. 24(1) of the Canadian Charter of Rights and Freedoms, alleging a breach of his s. 11(b) right to a trial within a reasonable time.

The total delay from the swearing of the information to the scheduled end of trial was 893 days (29 months and 11 days), exceeding the 18-month Jordan ceiling for the Ontario Court of Justice.

The court found that the delay was primarily attributable to the Crown and police's failure to provide timely and complete disclosure, despite diligent efforts by the defence.

The court rejected the Crown's arguments that the delay was caused by the defence's late review or requests.

Finding no defence-caused delay or exceptional circumstances, the court concluded the delay was unreasonable and granted a stay of proceedings.

The defendant, K.N., was charged with sexually assaulting M.M. The Crown proceeded by indictment, and K.N. pleaded not guilty.

The trial focused on the credibility and reliability of the complainant (M.M.) and the defendant (K.N.).

The court found M.M.'s testimony to be credible and reliable, despite a memory gap and delayed reporting, rejecting the defence's argument of fabrication.

K.N.'s testimony, which claimed consensual activity and an attempt to appease M.M. with text messages, was found to lack credibility, particularly due to inconsistencies with text messages where he admitted M.M. said "no" but he continued.

The court found K.N. guilty of sexual assault.