Disclosure reqeust and Stay of Procedings

redcaesar
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Disclosure reqeust and Stay of Procedings

by: redcaesar on
Mon Aug 22, 2011 1:45 pm

Hi put in a disclosure request before my trial but I put it in late on June 3rd. I submitted late because I never received my court appearance notification (assuming lost in post because of 2 moves and Canada post forwarding). Only reason I found out my court date was I called and emailed POA periodically and once they had trail date and submitted right away. Submitted on June 3rd via fax and in person ( have stamp and fax log). I also have print out of POA email notifying me of trial date.

Showed up for my trial on June 23rd and they didn't have disclosure and trial was adjourned until December 12th.

Now August 22nd and I still haven't received a disclosure and I plan on submitting a for a Stay of Proceedings around Nov 7th for undue time because I'll be at 13months from offense date.

Wondering if I should re-request disclosure or is it better to leave it alone and wait?
FYST!


Stanton
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by: Stanton on
Mon Aug 22, 2011 3:33 pm

Since you put in your disclosure request so late, I'm not sure you'll be able to use the June to December adjournment towards an 11B. The delay will probably be attributed towards you, not the Crown.


redcaesar
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by: redcaesar on
Mon Aug 22, 2011 5:12 pm

Stanton wrote:Since you put in your disclosure request so late, I'm not sure you'll be able to use the June to December adjournment towards an 11B. The delay will probably be attributed towards you, not the Crown.

Would it be attributed to me even though I did not get notified?

If I don't get disclosure before Nov 7th is that not enough for 11B under premise of no disclosure provided?
FYST!




redcaesar
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by: redcaesar on
Fri Dec 02, 2011 11:55 am

OK now December and after 2 Disclosure requests first one June 3rd, 2nd one Oct 26. Filed for stay on November 14th and trial is about a week away. Was worried about the amount of time delay not being attributed to crown but with no disclosure and original offense date in Aug 2010, it will be 16 months since offense and 6 months since first disclosure request. I think if they haven't produced disclosure as yet it is very unlikely they will and I will get dismissed just based on lack of evidence or no disclosure provided.
FYST!


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