R. v. Martin et al.

R. v. Martin et al.

Given the unusual procedural history, the accumulated delay and real risk that Colin's inability to secure counsel (and potential self-representation) would indefinitely delay trial for the other accused, the judge exercised discretion to sever Colin from the remaining accused; the interests of justice and the s.11(b) considerations for Donald and Damyen outweighed the administrative and societal costs of separate trials.

Citation
2004 BCSC 261
Parties
Crown: Regina; Accused: Colin Hugh Martin; Accused: Damyen Jules Martin; Accused: Patrick Tyrone Roberts; Accused: Donald Jules Martin
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 February 2004
Procedural Posture
Criminal / Pre Trial Severance Application / Jury Selection Stage
Outcome
Severance granted: Colin Martin severed from co-accused; Donald Martin, Damyen Martin and Patrick Roberts to proceed to trial on February 23, 2004; Colin to attend February 23 to fix new trial date; trial judge remains seized.
Legal Topics
Severance, Section 11(b) Unreasonable Delay, Joinder/multiplicity, Voir Dire, Adjournment
Source Language
English
Criminal Law Constitutional Law Procedural Law Severance Section 11(b) Unreasonable Delay Joinder/multiplicity Voir Dire Adjournment

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Parties

Regina

Crown

Colin Hugh Martin

Accused

Damyen Jules Martin

Accused

Patrick Tyrone Roberts

Accused

Donald Jules Martin

Accused

Procedural Posture

Criminal / Pre Trial Severance Application / Jury Selection Stage

Legal Issues

  1. 1 Whether severance should be ordered under s.591(3)(b) of the Criminal Code
  2. 2 Whether continuing a joint trial would breach accuseds' s.11(b) Charter rights to be tried within a reasonable time
  3. 3 Whether the interests of justice favour joint trial versus separate trials given common witnesses and administrative cost

Ratio Decidendi

Given the unusual procedural history, the accumulated delay and real risk that Colin's inability to secure counsel (and potential self-representation) would indefinitely delay trial for the other accused, the judge exercised discretion to sever Colin from the remaining accused; the interests of justice and the s.11(b) considerations for Donald and Damyen outweighed the administrative and societal costs of separate trials.

Court Disposition

Severance granted: Colin Martin severed from co-accused; Donald Martin, Damyen Martin and Patrick Roberts to proceed to trial on February 23, 2004; Colin to attend February 23 to fix new trial date; trial judge remains seized.

Orders

  • Colin Martin severed from the other accused.
  • Donald Martin, Damyen Martin and Patrick Roberts shall proceed to trial with jury selection on February 23, 2004.