R. v. Steinhubl (J.K.) 2012 ABCA 260
Civil Rights - Trials - Due process, fundamental justice and fair hearings - Speedy trial - Accused’s right to - What constitutes “within a reasonable time”
The accused real estate developer was charged with 60 counts of fraud by providing false information in support of various mortgage applications. It was alleged that, working in conjunction with others, he defrauded the complainant lenders and mortgage insurers of approximately $3.9 million.
The Alberta Court of Queen’s Bench, in a decision reported at 492 A.R. 1, convicted the accused of 13 of the counts of fraud over $5,000 in the indictment. The court acquitted the accused of two other counts of fraud over $5,000, but convicted him of the lesser included offence of attempted fraud. The court then stayed one of the latter convictions on the basis of the Kienapple principle. The court acquitted the accused of the other counts in the indictment. The Crown appealed 15 of the acquittals. The accused appealed his convictions.
The Alberta Court of Appeal allowed the Crown’s appeal and remitted the matter back to the trial court for sentencing. The court dismissed the accused’s appeal.