What is the test for a judge to declare a mistrial after a trial by jury?
Saskatchewan, Canada
The following excerpt is from Talukdar v. Regina Qu'Appelle Health Region, 2011 SKQB 90 (CanLII):
With respect to the question of whether or not, and if so, in what circumstances a judge should declare a mistrial after a trial by jury, the first question that a trial judge must ask post-discharge is whether the error alleged made by the jury is one that requires reconsideration of the verdict. Where, as is the case here, a judge concludes, as I concluded, that the verdict of the jury, being apparently uncertain, contradictory or conflicting cannot be corrected by a re-direction or re-instruction of the jury, the appropriate approach, in the exercise of the remedial and discretionary jurisdiction of a judge having discharged a jury, is to direct a mistrial (see the discussion in Oberreiter v. Akmali 2009 BCCA 557, 99 B.C.L.R. (4th) 254 esp. paras. 24/30 (B.C.C.A.)).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for changing a jury trial to a different jury trial? (Saskatchewan, Canada)
Does the trial judge change his position when recalling the jury for further instructions? (Saskatchewan, Canada)
What is the authority of the trial judge to withdraw a case from the jury? (Saskatchewan, Canada)
What is the standard for a jury charging a jury in a joint trial where out-of-court statements are tendered? (Saskatchewan, Canada)
Can anything be made of the fact the trial judge did not, as requested by counsel for the defence, remind the jury of the similarities between the break-in at the beauty salon and the occurrence at the Wendland home? (Saskatchewan, Canada)
On what grounds can a learned trial judge be found to have coercive or otherwise in his remarks to the jury? (Saskatchewan, Canada)
In what circumstances will the court interfere with the chambers judge or trial judge on an interim maintenance order? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
What authority does a trial judge have to exercise to alter his decision not to send a motion to the jury? (Saskatchewan, Canada)
What is the right to a jury trial pursuant to s. 18(1)(b) of The Jury Act, 1998? (Saskatchewan, Canada)
