What is the appropriate remedy for a jury failing to agree a verdict in a sexual assault case?
British Columbia, Canada
The following excerpt is from Oberreiter v. Akmali, 2009 BCSC 318 (CanLII):
Where the irregularity cannot be cured and the trial judge is satisfied that it may have a prejudicial effect impacting the result of the trial, a mistrial is the appropriate remedy: see de Araujo v. Read, 2004 BCCA 267, 29 B.C.L.R. (4th) 84. In that case, Mr. Justice Thackray observed at para. 68: "...a new trial may be ordered where trial irregularities may have influenced the verdict or award of the jury... ".
"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
Is there any case law in the context of sexual assault cases where there is no evidence of physical harm or sexual assault? (British Columbia, Canada)
What is the effect of discretion of the Court of Appeal in dealing with allegations of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the case law on the exclusion of evidence of sexual assault and sexual assault in criminal proceedings? (British Columbia, Canada)
What is the test for admitting or denying an allegation of sexual assault in a sexual assault case? (British Columbia, Canada)
What is the appropriate discipline for a lawyer who has been found guilty of gross misconduct in a sexual assault case? (British Columbia, Canada)
What is the test for an appeal court to set aside a verdict in a sexual assault case? (British Columbia, Canada)
What is the appropriate sanction for a lawyer who has been found guilty of gross misconduct in a sexual assault case? (British Columbia, Canada)
What are the relevant factors in determining the appropriate penalty in a sexual assault case? (British Columbia, Canada)
How have courts in Canada treated the issue of sexual harassment in the context of sexual assault cases? (British Columbia, Canada)
What is the test for a constructive trust as a remedy in a sexual assault case? (British Columbia, Canada)
