R. v. Perkins

R. v. Perkins

The court held that delay is measured from the laying of the information on May 12, 2016; the calculated delay to the projected trial end was 21.5 months which is below the 30‑month Jordan ceiling for superior court matters (after deducting defence‑caused delay), the defence failed to rebut the presumption of...

Source-derived case information.

Citation
2017 BCSC 2498
Parties
Crown: Regina; Accused: Corey Jim Perkins
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
14 December 2017
Procedural Posture
Criminal — Application for Judicial Stay of Proceedings for Delay / Pre‑trial Application (application for Stay Dismissed)
Outcome
Application for a judicial stay of proceedings dismissed.
Legal Topics
Delay Under S.11(b) Charter, Pre‑charge Delay, Abuse of Process, Section 505 Criminal Code, Venue and Scheduling
Source Language
english
Criminal Law Constitutional Law Procedural Law Delay Under S.11(b) Charter Pre‑charge Delay Abuse of Process Section 505 Criminal Code Venue and Scheduling

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Parties

Regina

Crown

Corey Jim Perkins

Accused

Procedural Posture

Criminal — Application for Judicial Stay of Proceedings for Delay / Pre‑trial Application (application for Stay Dismissed)

Legal Issues

  1. 1 Whether s.11(b) Charter right to be tried within a reasonable time was breached
  2. 2 Proper start date for s.11(b) delay calculation (date of arrest v. date information sworn)
  3. 3 Whether pre‑charge delay and investigative conduct constitute abuse of process under ss.7 and 11(d)

Ratio Decidendi

The court held that delay is measured from the laying of the information on May 12, 2016; the calculated delay to the projected trial end was 21.5 months which is below the 30‑month Jordan ceiling for superior court matters (after deducting defence‑caused delay), the defence failed to rebut the presumption of reasonableness or to show prejudice under ss.7 or 11(d), there was insufficient evidence of improper motive or of s.505 applicability, and consequently the application for a judicial stay was dismissed.

Court Disposition

Application for a judicial stay of proceedings dismissed.

Orders

  • Application for a stay dismissed; proceedings to continue to trial as scheduled