R. v. Truong

R. v. Truong

Although total delay from charge to anticipated trial end was 45 months, the Crown proved exceptional circumstances (co-accused's late re-election, adjournment for new counsel, substantially expanded and late Charter challenges, and overall complexity of joint trial and multiple voir dires) that justified deducting periods attributable to those events (3 months for re-election, 13 months for adjournment, 4.5 months for expanded voir dires), reducing the effective delay to 24.5 months which is below the 30-month ceiling; accordingly there was no s.11(b) breach and the stay application was dismissed.

Citation
2017 BCSC 736
Parties
Crown: Regina; Accused: Lena Truong
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 May 2017
Procedural Posture
Criminal – Application Under S.11(b) Charter for Stay of Proceedings / Pre Trial; Judicial Reasons on Stay Application; Trial Scheduled for June 19 30, 2017
Outcome
Application for a stay of proceedings dismissed.
Legal Topics
Section 11(b) Delay, Jordan Framework, Stay of Proceedings, Exceptional Circumstances, Voir Dires, Co Accused Joint Trial
Source Language
English
Criminal Law Constitutional Law Procedural Law Section 11(b) Delay Jordan Framework Stay of Proceedings Exceptional Circumstances Voir Dires +1 more

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Parties

Regina

Crown

Lena Truong

Accused

Procedural Posture

Criminal – Application Under S.11(b) Charter for Stay of Proceedings / Pre Trial; Judicial Reasons on Stay Application; Trial Scheduled for June 19 30, 2017

Legal Issues

  1. 1 Whether the 45-month delay violated s.11(b) of the Charter
  2. 2 What portion of delay is defence-caused or waived and must be deducted
  3. 3 Whether Crown rebutted presumptive unreasonableness by proving exceptional circumstances (discrete events or complexity)

Ratio Decidendi

Although total delay from charge to anticipated trial end was 45 months, the Crown proved exceptional circumstances (co-accused's late re-election, adjournment for new counsel, substantially expanded and late Charter challenges, and overall complexity of joint trial and multiple voir dires) that justified deducting periods attributable to those events (3 months for re-election, 13 months for adjournment, 4.5 months for expanded voir dires), reducing the effective delay to 24.5 months which is below the 30-month ceiling; accordingly there was no s.11(b) breach and the stay application was dismissed.

Court Disposition

Application for a stay of proceedings dismissed.

Orders

  • Application for a stay of proceedings dismissed