OHTA.ca

Can anyone give me advice as to how to prepare for an 11(B) trial?

A little background on what has happened so far:

-I have submitted an 11b.

-I recently received a response from the Prosecutor in the form of a "RESPONDENTS FACTUM". This mentions the position that the prosecution will take.

- there is a 15 months delay on the part of the prosecution

Also, can anyone mention how to calculate a delay. (I know there are some terms when referring to the types of delay). For instance what is it called when delay is on the part of the prosecution or on the accused.

Any help is much appreciated.

Thanks,

Jerry

can you tell us the full story? from the date of the alleged offense till your next trial

what position will the prosecution take on your 11b app.?

systematic delay?

Yes, they are taking the position of there being "intake" delay of 2 months 5 days. And an "Institutional delay" of 8 months.

-I was charged 13 months ago.

Do you think the lenghty institutional delay will likely favor myself or the prosecution?

Thanks again,

Correcttion: I was charged 17 months ago. Two months of that is attributed to myself and an istitutional delay of 8 months and the remaining 7 months is due to the prosecutor and officer.

any advice as to how to argue my case?

Generally the timeline in an 11(b) breaks down into

1) inherent or intake time - the time between when you get charged and when you file your notice of intention to appear

2) delay attributable to the prosecution - be prepared to say how many days you think this is and why

3) delay attributable to the defence - be prepared to accept any delay you are responsible for

4) delay attributable to the system - i.e. lack of resources/availability of judges to hear trial, etc; this is generally part of prosecutorial delay in the calculation

Remember that there can also be times that are considered neutral - like the intake time as well as other periods that no one really bears the fault for.

Thanks Simon, I will take those factors ino consideration.

Much appreciated!

Jerry

Hello, I just wanted to follow up with a thank you. It is because of this forum that I was able to put forward an 11B argument which went in my favour.

if anyone has any questions about my experiance, feel free to post here or email me.

Hi, I would like to hear how it went down. Thanks!

I will elaborate further:

This was a process that seemed like it was taking forever. However on my last trial, the 11b application was for the first time discussed.

I basically held strong to my points that I made in my 11b application. The Prosecutor faught hard to refute them, but could not justify the extensive delay.

The J.P made the decision based soleley on the delay on part of the prosecutor which was wayy too long and therefore ruled in my favour