What is the test for venire de novo when a trial fails to produce a result?
Alberta, Canada
The following excerpt is from Alberta (Attorney General) v. Grocutt, 1977 CanLII 649 (AB QB):
In the Charlesworth case Wightman J. at p. 806 quotes with approval Crampton J. in Conway v. The Queen (1845), 5 L.T.O.S. 458, 7 I.L.R. 149 at 178, that: “… the true and rational doctrine is, that where a trial proves abortive in consequence of no legal verdict being given, a venire de novo ought to go, whether the result has flowed from the error of the Judge or the jury or of both.”
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