billandrew
Member
- Joined
- May 17, 2013
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It makes sense that MS would file the stay application because he has nothing to lose by doing so. However, I believe the application will get rejected because, IMO, the delay in the LB case coming to trial stems more from exceptional circumstances than from complacency in the court system or mistakes made by the Crown. In this case, exceptional circumstances might include:
In light of all this it doesn't strike me that the delays in LB's case arise from any unreasonableness of the court system or the Crown. Anyone have any thoughts?
There is also a transitional exception for charges laid prior to the new time limits, which allows for delays over 30 months as long as the case was following the OLD guidelines (as set out in R v Morin). I'm not familiar with those guidelines so I don't know if the LB case was following them.
- The general complexity of the case and its relation to other murder cases (TB and WM)
- Involvement of multiple jurisdictions and police agencies
- Multiple accused and delays caused by DM
- Scheduling of multiple murder trials (TB, LB, WM)
- Scheduling large numbers of witnesses
- Public interest and awareness in the case (Crown needs to tread carefully so as not to spoil the jury pool)
In light of all this it doesn't strike me that the delays in LB's case arise from any unreasonableness of the court system or the Crown. Anyone have any thoughts?
There is also a transitional exception for charges laid prior to the new time limits, which allows for delays over 30 months as long as the case was following the OLD guidelines (as set out in R v Morin). I'm not familiar with those guidelines so I don't know if the LB case was following them.