What is the consequence of the delay of 18 and one half months in bringing criminal charges on for trial?

British Columbia, Canada


The following excerpt is from R. v. Alliston, 2000 BCPC 60 (CanLII):

Considering the evidence as a whole, and in light of the delay of eighteen and one half months, I find the accused's and society's interest in bringing the charges on for trial within a reasonable period of time outweigh society's interest in having all persons charged with criminal charges brought to trial. The prejudice suffered by the accused as a consequence of the delay is real and substantial. Further, the circumstances of the accused in this case parallels that of the accused in Regina v. Ganapathi, supra and in Regina v. Edgeworth, supra. In both these matters a stay of proceedings was ordered.

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