M. Webb

The applicants, charged with drug trafficking and importation offences along with seven co-accused, brought an application for a stay of proceedings alleging a violation of their right to be tried within a reasonable time under s. 11(b) of the Charter.

The total delay was approximately 32.5 months.

The court calculated the actionable delay to be 8 months and 11 days, well within the Morin guidelines, particularly given the complexity of the case and the need to accommodate counsel for multiple co-accused.

The court also found that the applicants failed to establish any specific prejudice resulting from the delay.

The application was dismissed.

The offender pleaded guilty to manslaughter after originally being charged with second degree murder in the death of his common law spouse.

Psychiatric evidence established that the offender suffered from a persecutory-type delusional disorder that significantly diminished his moral culpability.

The court considered the sentencing range for domestic manslaughter and the mitigating effect of mental illness, concluding that denunciation and deterrence carried reduced weight where the offence arose from severe psychiatric impairment.

The court imposed a custodial sentence within the agreed range and addressed the proper credit for pre‑sentence custody under s. 719 of the Criminal Code following amendments introduced by the Truth in Sentencing Act.

The offender received enhanced credit of 1.2:1 for time spent in pre‑sentence custody based on the particular circumstances of detention, including mental health considerations and institutional conditions.