The applicant was convicted of second-degree murder by a jury.
Following the Court of Appeal's decision in R. v. Chouhan regarding the prospective application of the abolition of peremptory challenges, the applicant brought a motion for a mistrial, arguing the jury was improperly constituted.
The Superior Court dismissed the motion, holding that it was functus officio as the jury had already rendered its verdict and been discharged.
The court concluded that the case did not fall into the recognized exceptions allowing post-verdict changes, and the applicant's proper remedy was to appeal.
