Accused was charged with trafficking in heroin in 2011, and was convicted 4 years later in 2015. Accused brought an 11(b) stay application after conviction, but before he was sentenced. Trial judge found no 11(b) breach.
Held: Appeal dismissed.
“The appellant argues that Jordan applies throughout the sentencing process. That is not what Jordan says.” Jordan specifically refrained from addressing how the presumptive ceiling should apply to post-conviction periods. Jordan simply confirms the prior rule that 11(b) “may” apply to sentence proceedings, depending upon the facts. “The appellant failed to properly assert his 11(b) rights on a timely basis … [he] sat on these rights until after he was convicted, changed lawyers, and discovered that two other co-accuseds had successfully obtained stays of proceedings.”
K. Molle – Defence Counsel