R. v. Boehme

R. v. Boehme

After deducting defence‑attributable and waived delays the net cumulative delay (approximately 36.5–41 months by the court's accounting) exceeded the 30 month Jordan ceiling and the Crown failed to establish exceptional circumstances (including complexity or transitional reliance) to justify the excess; therefore a...

Source-derived case information.

Citation
2017 BCSC 1474
Parties
Crown: Regina; Accused: Nicholas Christian Boehme
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 August 2017
Procedural Posture
Criminal / Pre Trial Stay Application Under S. 11(b) of the Charter
Outcome
Stay of proceedings granted
Legal Topics
Section 11(b) Reasonable Time, Stay of Proceedings, Jordan Framework, MMAR Constitutionality, O'connor Disclosure
Source Language
english
Constitutional Law Criminal Procedure Drug Offences Section 11(b) Reasonable Time Stay of Proceedings Jordan Framework MMAR Constitutionality O'connor Disclosure

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Parties

Regina

Crown

Nicholas Christian Boehme

Accused

Procedural Posture

Criminal / Pre Trial Stay Application Under S. 11(b) of the Charter

Legal Issues

  1. 1 Whether the accused's s.11(b) right to be tried within a reasonable time was breached
  2. 2 Whether net delay exceeds Jordan presumptive ceiling for superior court (30 months)
  3. 3 Whether Crown established exceptional circumstances to justify the delay

Ratio Decidendi

After deducting defence‑attributable and waived delays the net cumulative delay (approximately 36.5–41 months by the court's accounting) exceeded the 30 month Jordan ceiling and the Crown failed to establish exceptional circumstances (including complexity or transitional reliance) to justify the excess; therefore a mandatory stay of proceedings was required.

Court Disposition

Stay of proceedings granted

Orders

  • Stay of proceedings on each of the three counts in the indictment