R. v. Jeyte (J.O.) et al., [2015] A.R. TBEd. NO.058
Judge | Van Harten, P.C.J. |
Court | Provincial Court of Alberta (Canada) |
Case Date | November 06, 2015 |
Citations | [2015] A.R. TBEd. NO.058;2015 ABPC 232 |
R. v. Jeyte (J.O.), [2015] A.R. TBEd. NO.058
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Temp. Cite: [2015] A.R. TBEd. NO.058
Her Majesty the Queen v. Jeyte Osman Jeyte and Hasson Barrington Wilson
(140152018P1; 2015 ABPC 232)
Indexed As: R. v. Jeyte (J.O.) et al.
Alberta Provincial Court
Van Harten, P.C.J.
November 6, 2015.
Summary:
The accused Wilson applied for a judicial stay of proceedings, arguing that his right under ss. 7 and 11(b) of the Charter had been violated. By the time the case was tried, almost 25 months would have elapsed between the date Wilson was originally charged and his trial. Wilson's co-accused Jeyte joined in the application. They sought remedies under ss. 24(1) and 24(2) for a stay or, alternatively, for the exclusion of evidence.
The Alberta Provincial Court allowed the application and entered a judicial stay of proceedings.
Civil Rights - Topic 3265
Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - What constitutes "within a reasonable time" - See paragraphs 1 to 16.
Civil Rights - Topic 3270
Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused's right to - Evidence of prejudice and causes of delay - See paragraphs 1 to 16.
Civil Rights - Topic 8374
Canadian Charter of Rights and Freedoms - Denial of rights - Remedies - Stay of proceedings - See paragraphs 9 to 16.
Counsel:
Adam May, for the Crown;
Andre Ouellette, for Jeyte Osman Jeyte;
Shamsher Kothari, for Hasson Barrington Wilson.
This application was heard by Van Harten, P.C.J., of the Alberta Provincial Court, who delivered the following decision on November 6, 2015.
To continue reading
Request your trial-
R. v. Wilson, 2017 ABPC 323
...the Decision of Judge Van Harten in the Wilson, Jeyte case to the facts before me. Judge Van Harten’s decision is found at 2015 ABPC 232 and relates to a case where both the accused and Jeyte were charged in November, 2013 with a break and entry and some 25 months elapsed betwe......
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R. v. Wilson, 2017 ABPC 323
...Court to apply the Decision of Judge Van Harten in the Wilson, Jeyte case to the facts before me. Judge Van Harten’s decision is found at 2015 ABPC 232 and relates to a case where both the accused and Jeyte were charged in November, 2013 with a break and entry and some 25 months elapsed bet......