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- High Authority
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- Location: Toronto
Re: 22 Km Over (72 In 50 Zone)
hwybear wrote:I would suggest this is border line making a false statement in court as disclosure (no matter how late) was provided/available by the crown.
Yes, the defendant should say exactly what happened: "Crown attempted to give me disclosure this morning." No argument there.
Respectfully, though, I'd say that the defendant needs to make a case that the adjournment was caused by the Crown, not him. Unless the Prosecutor agrees to an adjournment pre-emptory on them for failure to provide disclosure prior to the trial, I'd complain to the Justice of the Peace, and let the Crown explain why it took them so long to get the disclosure package to the defendant. The JP likely won't order a stay since no paperwork was filed, but would probably order an adjournment.
That's just me, though.
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