The Supreme Court of Canada says a man is entitled to a reduction in his sentence for sexual assault because the post-verdict sentencing phase of the case took too long.
But the top court also says there is no need to set a time limit for determining a sentence because there is no persuasive evidence of a culture of complacency in sentencing proceedings in Canada.
The man, an Iranian citizen living in Ontario on a post-graduation work permit, was convicted in October 2021.
Sentencing proceedings were ongoing in October 2022 when the man applied for a stay of his case on the basis that his Charter right to timely justice had been infringed.
The trial judge dismissed the application, saying post-verdict sentencing delay was subject to a five-month limit, and that in the man’s case the delay amounted to just under four months.
In its 9-0 ruling today, the Supreme Court says the appropriate test for assessing a sentencing delay is whether the time taken to impose the sentence was markedly longer than it reasonably should have been in all circumstances.