
R v P., 2020 ABQB 202: - Sexual/Domestic Assault Criminal Defence
sexual assault and domestic assault – Charter of Rights – right to be tried without unreasonable delay – Court grants defence application for stay of proceedings due to excessive delay by police in locating accused and arresting accused.
To return to the Crown’s submission, I am urged to find that reasonable steps were made to locate the accused, without success, and as such the 776 days of delay between charge and arrest are a discrete event coming out of the transitional exceptional circumstances rule. On the evidence and for the reasons given, I am unable to find that reasonable steps were taken at any point, either before or after the August 1, 2015 Information and warrant.
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