Client is charged with fraud and theft over $5,000 for allegedly stealing about $18,000 from employer in client’s position as store manager. Client’s arrest had been made two years after warrant issued, which client did not know about. Matter is set for application for charges to be dropped because client was not tried within a reasonable time, contrary to s. 11(b) of the Charter of Rights and Freedoms. Submissions are made to judge that the delay is the police’s fault for failing to take reasonable steps to bring client to trial. By extension, police delay is Crown delay, and since this delay exceeded 18 months, the charge should be dropped. Significant case law is presented to judge in support of defence position. Judge agrees and orders charges dropped. Matter ends with judicial stay of proceedings. Crown was seeking 90 days jail. CHARGES DROPPED and NO CRIMINAL RECORD.

 

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