R. v. Qureshi

Unreported (November 18, 2004)

Facts

ON CA

The respondants Qureshi, Khan and Giavropoulos brutally attacked two young men - S and C - outside a Toronto nightclub. Qureshi punched S Khan pulled out a knife and stabbed him in the chest. When C tried to help his friend the Respondants also attacked him. Qureshi pinned C and Khan stabbed him 5 times in the chest and back. The 3 respondants were later arrested when running towards Giavropoulos's car. The police laid charges the next day. 51 months later, on October 8 2002, the trial judge stayed the charges. He concluded that the lengthy delay from the time charges were laid to the time of the trial violated the respodents' consititutional rights under s. 11(b) to be tried within a reasonable time. The Crown appeals, and submits that the trial judge committed 3 errors. 1. he failed to properly assess the inherent time requirements of the case; 2. He failed to take into account both the minimal prejudice to the respondants from the delay and the societal interest in having a trial on the merits; and 3. He erred in equating this court's judgement in R v. Satkunananthan (2001), 152 C.C.C. (3d) 321.

Reasons

ON CA

The unwaived delay of 44 months from charge date to trial date was not ideal, even for a 2 stage proceeding. The Crown did not move this case forward as aggressively as it might have. However, much of the delay was caused by the inherent time requirements of the case, which are neutral in the s. 11(b) assessment. The systemic delay was not outside the admisistrative guidelines suggested in Morin. The prejudice the respondents suffered from the delay was minimal. The charges are serious. A stay was not appropriate

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