Appeal from conviction dismissed; trial judge properly handled potential jury exposure to inadmissible evidence.
The appellant appealed his conviction on two grounds: that the trial judge erred in dismissing a mistrial motion after jurors potentially heard inadmissible portions of a tape, and that the jury selection process was improper.
The Court of Appeal dismissed the appeal, finding that the trial judge was best positioned to assess prejudice and cure it with instructions, and that the jury selection process complied with the Criminal Code.
Her Majesty the Queen v. Miroslav Papaz, 2006 ONCA 33537
