What is the test for a motion to stay a motion of appeal against an allegation of sexual assault?

New Brunswick, Canada


The following excerpt is from R. v. Hogan, 2008 NBQB 119 (CanLII):

In R v. Leduc, 1993 Canlii 80, Sopinka J. stated as follows: “This is an appeal as of right. The power to stay proceedings on the ground of abuse or process must only be exercised in the clearest of cases and when it is shown that the conduct complained of violated those fundamental principles of justice which underlie the community’s sense of fair play and decency. This is not one of those cases. Nor would compelling the accused to stand trial be oppressive or vexatious in this case. The appeal is dismissed.”

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