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I didn't recieve my disclosure in time, and I asked the JP to have the charges "stayed". (Yes the prosecutor screwed this one up and never gave me the my proper disclosure).

They suddenly offered me an ajournment, and now I have a new court date. Could I have gotten off if I was a little more pushy by stating how much time I have wasted, etc?

Once the new date was set, the officer went to copy his notes for me.

After reviewing the officers notes, they are very difficult to read and the type of car he noted me as driving is incorrect (This could be useful as there were other cars behind me, including a transport truck) Also, he seems to have modified his notes by adding items in his notes (there are two tones of ink used, and the darker words seem to outline what he originally wrote). for example, the new writting has arrows and says things like "Car" and points to a bunch of chicken scratch. His notes don't really make sense and I'm surprised he wrote new items in the log.

Do I have a good shot at getting this thrown out if I fight it? How can I use the fact I never recieved disclosure the first time in my favor?

Please help

Thanks again

I kind of wonder what court etiquette is regarding lack of disclosure, You can ask to have the notes typed if illegible to you. How long from offence to the new trial date?

thanks

joepenoso

Thanks for the reply joepenoso,

The new date isn't until march 2012.

Can I Still apply for the "Stay", even though it's been ajourned, or will i be better off trying the 11b?

Thanks

Well if it's been over 11 months from the date of the OFFENCE, you can certainly apply for an 11B. The rules have been clarified by appeals courts in the R. ex rel City of Toronto v. Andrade, 2011, case. (Thank you diehard!)

Please read here and follow the links posted by diehard:

Thanks for the information Radar Identified.

If I can't read the disclosure of the officers notes, I'm going to have to ask for another copy typed by the prosecutor.

If this is the case, can I just fill out a "stay of proceedings" at this point?

I have been back and fourth to the courthouse like 3 times, and now I can't read the officers notes.

remember, I have already had the case ajourned because they never provided me disclosure before the trial date.

If you don't think this works, I'm going to try the 11b option.

Thanks,

Preludex

If you've already crossed the "11 month delay line" then just add the "disclosure unreadable" argument to your 11B application. Make sure you cite the recent R. ex rel City of Toronto v. Andrade decision (see our Courts and Procedures section for "11B - good news" thread) as part of the package.

Here is my story,

My first court date was Oct. and before that date, I faxed twice for my disclosure and never got one. One my first court date, I showed the prove to the prosecutor and she asked adjournment for another date which was really important. Because the fault is on her side.

On my second court date, the witness did not show up. But the crown found out that the witness showed up the wrong time and she wanted another adjournment to get the witness showed up. And I argured that It was not my fault that the witness did not show up. And the PJ said, she would give both side the chance to fire trail. And I said that the prosecutor already asked one adjournment . She should not get another one. And the PJ asked the crown to withdraw the case which the crown deny. Then PJ just rejected the case. I walked free.

Hope my story can help you little bit.