R. v. Brimacombe, Long, and McLaughlin

R. v. Brimacombe, Long, and McLaughlin

The court found the delay between charge and trial for Long and McLaughlin was unreasonable, the accused suffered prejudice (limitations on liberty, potential loss/unavailability and memory impairment of witnesses) and the Crown's characterization of the adjournment period as neutral was rejected (failure to continue the preliminary inquiry and retention of Brimacombe contributed to delay); accordingly the public interest in prosecution was outweighed and judicial stays were ordered for both accused.

Citation
2004 BCSC 1801
Parties
Prosecution: Her Majesty the Queen; Accused: Ian Dennis Brimacombe; Accused: Shane Donald Long; Accused: Raymond John McLaughlin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 January 2004
Procedural Posture
Criminal / Pre Trial S.11(b) Stay Application
Outcome
Charges stayed (judicial stay) for Shane Donald Long and Raymond John McLaughlin
Legal Topics
Charter S.11(b) Unreasonable Delay, Stay of Proceedings, Preliminary Inquiry
Source Language
English
Criminal Law Constitutional Law Charter S.11(b) Unreasonable Delay Stay of Proceedings Preliminary Inquiry

Case Brief

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Parties

Her Majesty the Queen

Prosecution

Ian Dennis Brimacombe

Accused

Shane Donald Long

Accused

Raymond John McLaughlin

Accused

Procedural Posture

Criminal / Pre Trial S.11(b) Stay Application

Legal Issues

  1. 1 Whether the delay between charge and trial breached s.11(b) Charter rights of the accused
  2. 2 Whether the accused suffered prejudice sufficient to outweigh society's interest in prosecution
  3. 3 Attribution of periods of delay to Crown, co-accused or neutral events

Ratio Decidendi

The court found the delay between charge and trial for Long and McLaughlin was unreasonable, the accused suffered prejudice (limitations on liberty, potential loss/unavailability and memory impairment of witnesses) and the Crown's characterization of the adjournment period as neutral was rejected (failure to continue the preliminary inquiry and retention of Brimacombe contributed to delay); accordingly the public interest in prosecution was outweighed and judicial stays were ordered for both accused.

Court Disposition

Charges stayed (judicial stay) for Shane Donald Long and Raymond John McLaughlin

Orders

  • Stay of proceedings entered in favour of Shane Donald Long
  • Stay of proceedings entered in favour of Raymond John McLaughlin