R. v. Curry

R. v. Curry

The court found total delay from first charge to verdict was 42 months, deducted two months as defence delay and 8.5 months as attributable to exceptional circumstances (jury overrun and co-accused pregnancy/mode-of-trial issues) leaving delay exceeding the 30‑month ceiling; however, applying the Jordan transitional exception and assessing parties' conduct under the pre‑Jordan Morin framework, the court found the parties had reasonably relied on prior law and denied the stay of proceedings.

Citation
2016 BCSC 1435
Parties
Crown: Regina; Accused: William Michael Curry; Accused: Brandy Marie Lawrence
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 August 2016
Procedural Posture
Criminal Charter S.11(b) Application / Oral Ruling Following Trial and Verdict
Outcome
Application for stay of proceedings dismissed
Legal Topics
Charter S.11(b) Delay, Stay of Proceedings, Jordan Framework, Transitional Exception, Disclosure of Confidential Informants, Informer Privilege, Severance
Source Language
English
Criminal Law Constitutional Law Evidence Law Charter S.11(b) Delay Stay of Proceedings Jordan Framework Transitional Exception Disclosure of Confidential Informants +2 more

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Parties

Regina

Crown

William Michael Curry

Accused

Brandy Marie Lawrence

Accused

Procedural Posture

Criminal Charter S.11(b) Application / Oral Ruling Following Trial and Verdict

Legal Issues

  1. 1 Whether period during which charges were stayed should be excluded from s.11(b) delay calculation
  2. 2 Whether delay caused by co-accused should be treated as defence delay and deducted
  3. 3 Whether other periods of delay should be attributed to the applicant as defence delay

Ratio Decidendi

The court found total delay from first charge to verdict was 42 months, deducted two months as defence delay and 8.5 months as attributable to exceptional circumstances (jury overrun and co-accused pregnancy/mode-of-trial issues) leaving delay exceeding the 30‑month ceiling; however, applying the Jordan transitional exception and assessing parties' conduct under the pre‑Jordan Morin framework, the court found the parties had reasonably relied on prior law and denied the stay of proceedings.

Court Disposition

Application for stay of proceedings dismissed

Orders

  • Stay of proceedings denied