LAWS 3306 Lecture Notes - Lecture 4: Superior Court, Indictable Offence, 18 Months
13 May 2017
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Right to a trial within a reasonable time - 11(b: askov. !1: he"s charged with threatening and distorting weapon offences against. !2: cases goes to scc and they reverse the oca, their decision stressed that everyone with a criminal offence is innocent until proven guilty and they should have the opportunity to restore their name at the earliest time. Same scc that decides askov suddenly changes their tune. This was an appeal of a drunk driving case, a stay was granted at the trial level because there was a 13 month delay. The scc acknowledged the public reaction in askov. Justine who wrote the decision used packers something. Where cases are stayed they can conclude that justice is not done. The court recognizes cc. victims rights etc. Scc does not overrule askov but stressed that its not to be applied in a mechanical fashion, 6-8 months is a guideline. Now is 8-10 months after this case.
