My offence was in late 2014. I requested an "early resolution" meeting with the prosecutor. It took place about 7 months after the offence (no delay on my part -- they must be backed up). At the meeting, I decided to go to trial and it is now scheduled for just over a year from the offence date.
Does this sound like an acceptable 11b argument? Or can they argue that I delayed the trial by requesting an early resolution meeting?
I actually think it will be VERY difficult to win an 11b argument on such an offence because you won't be able to justify any meaningful 'prejudicial' effect from the delay without the prosecutors having a good counter-argument.
If you read the actual case law, 11b cases require more than just looking at the calendar and counting months. The last part of the test requires passing the 'prejudice' test.
Good luck though!
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