R. v. Wu

R. v. Wu

After deducting 89 days of defence delay (partial post‑preliminary and counsel availability) and 349 days attributable to the mistrial as a discrete exceptional event, the remaining delay is approximately 27 months and 26 days, which is below the 30‑month Jordan ceiling; therefore the accused's s.11(b) right was not breached and the s.24(1) remedy is refused.

Citation
2017 BCSC 2373
Parties
Crown/prosecution: Regina; Accused/defendant: Jian Hua (James) Wu
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
28 December 2017
Procedural Posture
Criminal — Second‑degree Murder; S.11(b) Charter Application / Pre‑trial S.11(b) Delay Application (hearing and Written Reasons)
Outcome
Application dismissed; no breach of s.11(b) of the Charter found
Legal Topics
Section 11(b) Delay, Jordan Framework, Transitional Cases, Mistrial as Exceptional Circumstance, Defence Delay Deductions, Stay of Proceedings
Source Language
English
Criminal Law Constitutional Law Charter Remedies Procedural Law Section 11(b) Delay Jordan Framework Transitional Cases Mistrial as Exceptional Circumstance +2 more

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Parties

Regina

Crown/prosecution

Jian Hua (James) Wu

Accused/defendant

Procedural Posture

Criminal — Second‑degree Murder; S.11(b) Charter Application / Pre‑trial S.11(b) Delay Application (hearing and Written Reasons)

Legal Issues

  1. 1 Whether the accused's s.11(b) right to be tried within a reasonable time was breached under R. v. Jordan
  2. 2 What periods, if any, constitute defence delay to be deducted
  3. 3 Whether the mistrial (hung jury) constitutes an exceptional discrete event deductible from net delay

Ratio Decidendi

After deducting 89 days of defence delay (partial post‑preliminary and counsel availability) and 349 days attributable to the mistrial as a discrete exceptional event, the remaining delay is approximately 27 months and 26 days, which is below the 30‑month Jordan ceiling; therefore the accused's s.11(b) right was not breached and the s.24(1) remedy is refused.

Court Disposition

Application dismissed; no breach of s.11(b) of the Charter found

Orders

  • Application for remedy under s.24(1) of the Charter dismissed
  • No stay of proceedings granted