In Peters v. R. (unreported decision of Maurice, J., of May 25, 1992) the time between when the charge was laid and the trial was approximately 13½ months. The trial was adjourned twice, the first time due to the unavailability of a witness and the second time due to the unavailability of the complainant. There were no institutional delays and if all had gone according to plan, the trial would have been held nine months after the charge was laid. Maurice, J., held that the accused suffered little or no prejudice as a consequence of the delay beyond the expected and normal. Further, he held that society's interest in bringing the accused to trial on the serious charge outweighed any minimal prejudice to the accused as a result of the delay.
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