The appellant was tried by judge and jury for attempted murder.
The jury returned a verdict of not guilty, and the trial judge discharged the jury and the accused.
Subsequently, the jury foreman indicated they might have found the accused guilty of a lesser included offence.
The trial judge ruled he was functus officio and could not reconvene the jury.
The Court of Appeal ordered a new trial.
The Supreme Court of Canada allowed the appeal and restored the acquittal, holding that once a jury is discharged in a criminal case, the court is functus officio and the jury cannot be reconvened to reconsider its verdict.
