What is the test for granting adjournment in a sexual assault case?
Manitoba, Canada
The following excerpt is from R. v. B. (D.L.), 2001 MBQB 56 (CanLII):
After hearing submissions of counsel and requesting information concerning the nature of the alleged offence, the learned trial judge concluded that he would grant the adjournment. He reviewed the case of Darville v. The Queen, 1956 CanLII 463 (SCC), [1956] 116 C.C.C. 113 (S.C.C.), which is still the leading decision with respect to the role of a trial judge upon a request for an adjournment by reason of the non-attendance or unavailability of a witness.
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