Test

 

A mistrial is a remedy of last resort and other less drastic remedies must be considered and rejected before a mistrial is granted: R v John, 2017 ONCA 615 at para 82

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A trial judge may declare a mistrial after a finding of guilt but before sentence; however, such authority should be exercised only in exceptional circumstances and in the clearest of cases: R v. J.A., 2015 ONCA 754

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Standard of Review

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The trial judge’s denial of the mistrial application was a discretionary decision. The appellate court cannot interfere unless the decision was clearly wrong or based on an erroneous principle: R v Stevenson, 2016 ONCA 292 at para 13; R v. J.A., 2015 ONCA 754; R v Thompson, 2015 ONCA 800; R v John, 2017 ONCA 615 at para 82

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