R. v. Simpson

Parties

Procedural Posture

Criminal / Motion for Mistrial During Trial

Legal Issues

1. 1 Whether sheriff's contacts with jurors amounted to improper extrinsic influence
2. 2 Whether the appearance of impropriety or reasonable apprehension of bias requires a mistrial despite absence of proven improper contact
3. 3 Whether informing or polling the jury would cure any perceived taint

Ratio Decidendi

Although there was no evidence of actual improper contact between the sheriff and jurors, a reasonable apprehension of impropriety existed because of her relationship to a Crown witness and her access to jurors; the risk to jury secrecy and the inability to cure the appearance of bias by polling or instruction meant the trial could not fairly continue with the same jury, warranting the exercise of judicial discretion to declare a mistrial.

Court Disposition

Mistrial declared; jury discharged

Orders

• Provide decision on voir dire immediately
• Bring the jury back and discharge them and declare a mistrial