Stay Or Adjournment?
My trial is on Feb 14th (2 days away!), for a 16 over (reduced from 23 over) speed offence.
I received a voicemail on the 8th (friday!!) saying I could come pick up my disclosure. I went in person and picked it up but the disclosure was not complete. They stated they were not going to provide any more info and I could take it up at trial. They cite a a case precedent that basically says they don't have to provide the full manual of the radar but I have found there are (at least) two subsequent cases that specifically reference their case and seem to clearly overrule theirs. So, I am pretty sure I can demonstrate incomplete disclosure especially given the officers notes reference using different modes on the radar unit (making it material to my defence to understand more on how the radar works) and with no time to receive additional info I have to take it up in court.
I am not sure if this is sufficient for the judge to stay the case though? Should I just file for adjournment instead? I assume go for a stay and let the crown argue why they should adjourn instead. My counter argument is that I have already taken 2 partial days off work to fight the case and travelled more than 500km round trip at my expense so making a further two trips (one to pick up the additional disclosure and another to come back to trial again) is unreasonable and far more than the penalty ($55) on the face of the ticket....