Ontario criminal | Extraordinary Remedies
MANDAMUS
Mandamus ordered requiring justice to release sentencing decision within 30 days
Application by regional municipality for order of mandamus to compel justice of peace to render her sentencing decision regarding one of five accused, named AN, in more timely manner. Applicant also sought order of mandamus that directed justice to accept guilty pleas of all accused. All accused were charged with speeding offence. Joint submission was made in which all accused would plead guilty to amended charge of disobeying sign and they would each be fined $200. Justice accepted AN’s guilty plea and she reserved her ruling on sentence until June 15, 2016, which was nine and one-half months away. Application allowed. AN’s right to be tried within reasonable period of time included right to be sentenced within reasonable period of time. That right would be infringed with nine and one-half month delay contemplated by justice’s decision to reserve decision on sentence. Mandamus was granted that ordered justice to release her sentencing decision within 30 days. There was no reason in law for justice to refuse to accept proposed resolution and guilty pleas. Mandamus was therefore issued that directed justice to accept guilty pleas of other four accused.
York (Regional Municipality) v. Newhook (Nov. 5, 2015, Ont. S.C.J., M.L. Edwards J., File No. CV-15-124046) 125 W.C.B. (2d) 635.
Mandamus ordered requiring justice to release sentencing decision within 30 days
Application by regional municipality for order of mandamus to compel justice of peace to render her sentencing decision regarding one of five accused, named AN, in more timely manner. Applicant also sought order of mandamus that directed justice to accept guilty pleas of all accused. All accused were charged with speeding offence. Joint submission was made in which all accused would plead guilty to amended charge of disobeying sign and they would each be fined $200. Justice accepted AN’s guilty plea and she reserved her ruling on sentence until June 15, 2016, which was nine and one-half months away. Application allowed. AN’s right to be tried within reasonable period of time included right to be sentenced within reasonable period of time. That right would be infringed with nine and one-half month delay contemplated by justice’s decision to reserve decision on sentence. Mandamus was granted that ordered justice to release her sentencing decision within 30 days. There was no reason in law for justice to refuse to accept proposed resolution and guilty pleas. Mandamus was therefore issued that directed justice to accept guilty pleas of other four accused.
York (Regional Municipality) v. Newhook (Nov. 5, 2015, Ont. S.C.J., M.L. Edwards J., File No. CV-15-124046) 125 W.C.B. (2d) 635.
