Court of Appeal

CASE NO.                                                  VOLUME                                                          PAGE

Cite as: R. v. Tamang, 1998 NSCA 128

HER MAJESTY THE QUEEN                                                                       SURYA TAMANG

                                                                        - and -

(Appellant)                                                                                                                (Respondent)

C.A.C.  No. 144393                               Halifax, N.S.                                       BATEMAN, J.A.

APPEAL HEARD:                                        June 9, 1998

JUDGMENT DELIVERED:             July 8, 1998

SUBJECT:         Crown appeal of order for stay of proceedings.

SUMMARY:        30 months elapsed between the date of the charges and the date of trial.

ISSUE:                 Did the trial judge err in ordering a stay of proceedings?

RESULT: The trial judge found that the defence, by requesting adjournments, had waived a substantial portion of the elapsed time but erred in failing to deduct this period when considering whether the accused was entitled to a stay. Applying the criteria set out by the S.C.C. in R. v. Morin (1992), 71 (3d) 1, the delay here was not unreasonable. Deducting the waived period, the trial was held within a reasonable time and there were no other factors which would dictate a stay. Appeal allowed. Matter remitted for trial.