R. v. Murtha

R. v. Murtha

The court found the 42-month delay from charge (June 2008) to the originally scheduled trial (Dec 2011) was unreasonable: 25 months were attributable to reasonable inherent time requirements but 17 months were attributable to Crown conduct (failure to promptly unseal NSBS materials, delayed warrant on receiver material, loss/misplacement of disclosure letter and insufficient prosecution follow-through). The accused suffered prejudice (health, memory issues and faded evidence) and societal interest did not outweigh the Charter infringement; accordingly a stay of proceedings was the only appropriate remedy.

Citation
2013 NSPC 28
Parties
Prosecution/crown: Her Majesty the Queen; Accused/applicant: Richard Anthony Murtha
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 April 2013
Procedural Posture
Criminal Fraud (multiple Counts) / Pre Trial S.11(b) Stay Application Decision
Outcome
Stay of proceedings entered for breach of s.11(b) Charter right
Legal Topics
Unreasonable Delay, Stay of Proceedings, Crown Disclosure Obligations, Privilege Disputes, Prejudice to Accused
Source Language
English
Criminal Law Charter Rights Evidence and Disclosure Solicitor Client Privilege Professional Regulation Unreasonable Delay Stay of Proceedings Crown Disclosure Obligations +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 9 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Her Majesty the Queen

Prosecution/crown

Richard Anthony Murtha

Accused/applicant

Procedural Posture

Criminal Fraud (multiple Counts) / Pre Trial S.11(b) Stay Application Decision

Legal Issues

  1. 1 Whether delay from charge to trial breached s.11(b) of the Charter
  2. 2 Whether delay was caused by Crown, defence, institutional requirements or complexity
  3. 3 Whether Crown satisfied disclosure obligations with respect to materials seized from Nova Scotia Barristers' Society and receiver

Ratio Decidendi

The court found the 42-month delay from charge (June 2008) to the originally scheduled trial (Dec 2011) was unreasonable: 25 months were attributable to reasonable inherent time requirements but 17 months were attributable to Crown conduct (failure to promptly unseal NSBS materials, delayed warrant on receiver material, loss/misplacement of disclosure letter and insufficient prosecution follow-through). The accused suffered prejudice (health, memory issues and faded evidence) and societal interest did not outweigh the Charter infringement; accordingly a stay of proceedings was the only appropriate remedy.

Court Disposition

Stay of proceedings entered for breach of s.11(b) Charter right

Orders

  • Stay of proceedings ordered as remedy for unreasonable delay