What is the likelihood of the accused being prejudiced at trial?

Nova Scotia, Canada


The following excerpt is from R. v. Stapleton, 1983 CanLII 3040 (NS SC):

This, in my view, is the most important of the four factors and it is the factor relied upon by the accused in this case. As stated in the Barker v. Wingo case, supra, a trial within a reasonable time is designed to "limit the possibility that the defence will be impaired". In my view, with the passage of time the memories of witnesses become uncertain and recollections are more apt to be inaccurate. For this reason the accused may be prejudiced since the evidence at trial may be somewhat different from the actual events as they occurred.

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