Seth P. Weinstein

The accused pleaded guilty to dangerous operation of a motor vehicle, assault with a weapon, criminal negligence causing bodily harm, and flight from police arising from a road rage incident.

The Crown sought 18 months custody (12 months concurrent for the primary offences and 6 months consecutive for flight from police).

The defence sought 6 to 9 months.

The court conducted a Gardiner hearing to determine whether the accused intentionally struck the victim with his vehicle.

The court found the Crown had not proven beyond a reasonable doubt that the accused intended to strike the victim, though he recklessly drove toward the van and used it as a weapon to threaten.

The court imposed 9 months total custody (7 months concurrent for the primary offences and 2 months consecutive for flight from police), followed by 18 months probation, a 3-year driving prohibition, DNA order, and a section 109 weapons prohibition order.

The accused was charged with multiple counts of home invasion sexual assault dating back to 1985-1987.

After being discharged at a preliminary inquiry in 1989, the police kept the investigation open pending advancements in DNA technology.

A preferred indictment was eventually obtained in 2010 after DNA linked the accused to the crimes.

The accused brought an application for a stay of proceedings, arguing his s. 11(b) Charter right to be tried within a reasonable time was infringed by the 25-year delay.

The court found that while much of the delay was inherent time required for DNA science to evolve, there were 32 months of unreasonable delay attributable to the Crown and police.

The court granted the stay of proceedings.