R. v. D. (A.)
Most of the delay was waived by the accused, caused by the accused, or attributable to inherent requirements of the case; little delay was attributable to the Crown, and therefore there was no unreasonable delay under s.11(b); accordingly the appeal is dismissed.
- Citation
- [1993] 2 SCR 441
- Parties
- Appellant/accused: D. (A.); Respondent/crown: Her Majesty The Queen
- Court
- Supreme Court of Canada
- Jurisdiction
- Canada
- Judgment Date
- 1 June 1993
- Procedural Posture
- Criminal Appeal / On Appeal — Supreme Court of Canada Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Right to Trial Within a Reasonable Time, Delay, Stay of Proceedings, Waiver
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
D. (A.)
Appellant/accused
Her Majesty The Queen
Respondent/crown
Procedural Posture
Criminal Appeal / On Appeal — Supreme Court of Canada Final Judgment
Legal Issues
- 1 Whether delay violated s.11(b) Charter right to be tried within a reasonable time
- 2 Whether appellate proceedings are covered by the Charter
- 3 Whether delay was attributable to the accused, to inherent requirements of the case, or to the Crown
Ratio Decidendi
Most of the delay was waived by the accused, caused by the accused, or attributable to inherent requirements of the case; little delay was attributable to the Crown, and therefore there was no unreasonable delay under s.11(b); accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Order staying proceedings set aside
Full Case Text
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