R. v. A.W.H.

R. v. A.W.H.

The judge accepted the investigating officer's credible evidence that investigative steps, supervisory review, leaves and procedural transport requirements explained the timing of charges; there was no deliberate or negligent delay, no prejudice to the accused's ability to make full answer and defence and no undermining of judicial integrity — therefore no abuse of process and the stay application must be dismissed.

Citation
2016 NSPC 65
Parties
Crown: Her Majesty the Queen; Accused: A. W. H.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 November 2016
Procedural Posture
Criminal / Pre Trial — Abuse of Process (application for Stay of Proceedings)
Outcome
Application dismissed; stay of proceedings denied
Legal Topics
Abuse of Process, Stay of Proceedings, Pre Charge Delay, Charter S.7, Gating
Source Language
English
Criminal Law Constitutional Law Procedural Law Abuse of Process Stay of Proceedings Pre Charge Delay Charter S.7 Gating

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Parties

Her Majesty the Queen

Crown

A. W. H.

Accused

Procedural Posture

Criminal / Pre Trial — Abuse of Process (application for Stay of Proceedings)

Legal Issues

  1. 1 Whether delay in charging constituted an abuse of process or violation of s.7 of the Charter
  2. 2 Whether the investigating officer acted deliberately or negligently in timing charges to keep the accused in custody
  3. 3 Whether a stay of proceedings is the appropriate remedy

Ratio Decidendi

The judge accepted the investigating officer's credible evidence that investigative steps, supervisory review, leaves and procedural transport requirements explained the timing of charges; there was no deliberate or negligent delay, no prejudice to the accused's ability to make full answer and defence and no undermining of judicial integrity — therefore no abuse of process and the stay application must be dismissed.

Court Disposition

Application dismissed; stay of proceedings denied

Orders

  • Application for a stay of proceedings dismissed