R. v. Atwood (No. 1), (1991) 105 N.S.R.(2d) 213 (ProvCt)

• Judge: Crawford, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: March 14, 1991
• Jurisdiction: Nova Scotia
• Citations: (1991), 105 N.S.R.(2d) 213 (ProvCt)

R. v. Atwood (1991), 105 N.S.R.(2d) 213 (ProvCt);

  284 A.P.R. 213

MLB headnote and full text

R. v. Leroy Basil Atwood

(PBW-154864)

Indexed As: R. v. Atwood (No. 1)

Nova Scotia Provincial Court

Crawford, P.C.J.

March 19, 1991.

Summary:

The accused was charged with breach of probation. At his trial several months later he applied for a stay of proceedings on the ground of delay.

The Nova Scotia Provincial Court dis­missed the application.

Civil Rights - Topic 3265

Trials, due process, fundamental justice and fair hearings - Speedy trial - Accus­ed's right to - Within a reasonable time - What constitutes - The accused allegedly breached probation on January 25, 1990 - After delays caused variously by the accused, the Crown and the system his trial came up a year later and he applied for a stay on the ground of delay - The Nova Scotia Provincial Court dismissed the application, where, although the delay was too long, the Crown rebutted a pre­sumption of prejudice to the accused.

Cases Noticed:

R. v. Askov, Hussey, Melo and Gugliotta, [1990] 2 S.C.R. 1199; 113 N.R. 241; 42 O.A.C. 81; 59 C.C.C.(3d) 449; 79 C.R.(3d) 273, appld. [para. 3].

R. v. Sabean (1991), 101 N.S.R.(2d) 349; 275 A.P.R. 349 (C.C.), consd. [para. 6].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(b).

Counsel:

Anthony W. Brown, for the Crown;

Gregory P. Rafuse, for the accused.

This case was heard on March 14, 1991, at Bridgewater, N.S., before Crawford, P.C.J., of the Nova Scotia Provincial Court, who delivered the following judgment on March 19, 1991: