R. v. Ly

R. v. Ly

The delay was not unreasonable: the bulk of the 38 months was attributable to institutional constraints and to the accused (re-election and counsel availability); minimal delay was attributable to the Crown; the accused did not establish serious or specific prejudice; balancing these factors, there was no s.11(b) violation and the stay application was dismissed.

Citation
2014 BCSC 1763
Parties
Prosecution: Regina; Accused: Minh Phat Ly
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 September 2014
Procedural Posture
Criminal / Delay Application at Trial Under S.11(b) Charter With S.24(2) Stay Sought
Outcome
Application for stay of proceedings dismissed.
Legal Topics
Section 11(b) Reasonable Time, Stay of Proceedings S.24(2), Delay Analysis, Institutional Delay, Waiver of Charter Rights
Source Language
English
Criminal Law Charter of Rights and Freedoms Procedural Law Drugs Law Section 11(b) Reasonable Time Stay of Proceedings S.24(2) Delay Analysis Institutional Delay +1 more

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Parties

Regina

Prosecution

Minh Phat Ly

Accused

Procedural Posture

Criminal / Delay Application at Trial Under S.11(b) Charter With S.24(2) Stay Sought

Legal Issues

  1. 1 Whether the 38 month delay violated s.11(b) of the Charter
  2. 2 Whether the accused waived time by consenting to trial dates
  3. 3 Proper attribution of delay among Crown, defence and institutional resources

Ratio Decidendi

The delay was not unreasonable: the bulk of the 38 months was attributable to institutional constraints and to the accused (re-election and counsel availability); minimal delay was attributable to the Crown; the accused did not establish serious or specific prejudice; balancing these factors, there was no s.11(b) violation and the stay application was dismissed.

Court Disposition

Application for stay of proceedings dismissed.

Orders

  • Stay application dismissed; matter to proceed to trial on scheduled dates