Monday, September 17, 2012

Appeal of mistrial decisions

R. v. Itsi, 2012 NWT CA 10 holds:

[4]               The power of the trial judge to grant a mistrial is discretionary and an appellate court will not likely interfere with his or her decision (R v Gregoire1995 ABCA 153 (CanLII), [1995] AJ No 355, 165 AR 292). The decision is made only after evaluating the damage done or the prejudice caused by the inadmissible evidence. As stated by Madam Justice Arbour, writing for the majority in R v Khan2001 SCC 86 (CanLII), 2001 SCC 86 at para 32,2001 SCC 86 (CanLII), [2001] 3 SCR 823, the question to be asked by the trial judge in deciding whether or not to grant a mistrial is whether the exposure of the jury to the inadmissible evidence "could have affected the jury to the point that the entire trial was compromised and that no remedy other than a new trial was available."


1 comment:

The Rat said...
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