What is the test for declaring a mistrial in a sexual assault trial?
British Columbia, Canada
The following excerpt is from Williams v. Vancouver (City of), 2005 BCSC 1900 (CanLII):
The issue, in my view, is whether defence counsel’s improper disclosure had had an effect upon the jury’s consideration of the evidence in this case. I have no doubt that that misconduct has indeed had a very damaging effect on the “way the jury listened and understood the evidence”. Adopting this test, which is set out in de Araujo v. Kenneth Read 2004 BCCA 267, I find that I have no alternative but to declare a mistrial.
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