Monday, January 13, 2014

For 11(b) applications the time period from the charge to the completion of the trial is properly considered in assessing inferred prejudice

R. v. Lo, 2014 ONCA 23:

[2]          We also agree with counsel for the appellant’s submission that the trial judge’s reasons are open to the interpretation that when considering inferred prejudice, a trial judge should not have regard to neutral time periods.  If that was what the trial judge intended to say, he was, with respect, in error:  see R. v. Ralph, 2014 ONCA 3.  The entire period of the delay, that is the time period from the charge to the completion of the trial, is properly considered in assessing inferred prejudice.

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