 With respect to common law, Justice Refshauge acknowledged the ‘’appalling delay’’ in the proceedings, however, the Justice was unconvinced Nova would experience prejudice relating to matters of fair trial.Additionally, Justice Refshauge pointed out the delay was not the result of ‘’inaction on the part of authorities’’.As such, Justice Refshauge remained dissatisfied with the idea that the defendant’s trial would be tainted by prejudice.