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Crown or my delay?
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PostPosted: Mon May 28, 2012 7:50 pm 
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On Jan 10, 2011 I pleaded not guilty to fail to yield right of way. First trial date was on September 16. Sent my parents to represent me. JP adjourned for May 25, 2012 because he wanted me present. On this last date I showed up, but Court ran out of time. Adjourned for 90 days. Does it appear to you that there are ground for filing 11b? I feel I was not given fair and speedy trial.


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Re: Crown or my delay?
PostPosted: Mon May 28, 2012 8:31 pm 
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Depends on the reason for adjouring to May 25, 2012. I suspect that this delay from September 16 to May 25 would be attributed to you and can't be used for 11b. What you're left with is a delay from Jan to September, and another delay from May to 90 days after.

The 90 days delay can be attributed to the court, you can still make the case that it was not attributed to you and it's not part of the inherint time requirements. It should be possible to have that count.

Notwithdstanding the above, I see that your total delay for 11b would max at 11 months. There are case laws that can support an 11b motion based on 11 months delay (you can find the case law in the 11b threads in this forum).

However, I think it will require some arguments on your part. Even if the charge is trivial and shouldn't take long to go to trial, on the other hand it doesn't affect you as much as a criminal charge will while the case is pending trial. The onus will be on you to prove the great prejudice you suffered by the 11 months delay and multiple adjournments.


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Re: Crown or my delay?
PostPosted: Tue May 29, 2012 5:16 pm 
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Thanks.
Skywalker, as you said depends on the reason JP adjourned. He wanted me present stated that it won't be fair to me to have a trial without me since people representing me were neither present in the accident, nor licensed legal counsel.
Without this time period, if it is my delay, there may be remaining 8+3 months that may not be my delay but on the Court.
I will give it a try. It takes the time only, and may yiel good result.


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