Can a defence request an adjournment for personal reasons be attributed to the delay in setting the preliminary inquiry?

Nova Scotia, Canada


The following excerpt is from R. v. Foroughi-Mobarakeh, 2017 NSSC 100 (CanLII):

In R v. Trought, 2016 ONCA 6726, the preliminary inquiry was delayed shortly after it was set, when defence counsel requested an adjournment for personal reasons. The court noted that although the situation had “cascaded” in terms of court time and availability, the defence must clearly “accept” the delay. The court as a result held that 5 months of delay for the preliminary inquiry must be attributed to the defence, as it was solely the defence that caused the delay.

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