Randall Baran

This ruling addresses the discharge of a juror during a sexual assault trial.

The trial judge received multiple notes from a single juror and the jury foreperson, indicating the juror was engaging in discriminatory thinking, speculating on matters not in evidence, misapprehending the law, and refusing to collaborate.

Despite the defence's request for a mistrial, the judge discharged the juror under section 644(1) of the Criminal Code, finding the juror's conduct prevented proper deliberation.

The remaining jury subsequently returned verdicts of not guilty on one count and guilty on two counts.

The defendant, Enrique Humberto Martinez-Reynosa, applied for a directed verdict of acquittal on a sexual assault count at the close of the Crown's case.

The defence argued insufficient circumstantial evidence of lack of consent or capacity to consent.

The Crown contended the evidence could reasonably support an inference of guilt.

Applying the test for a directed verdict, the court found sufficient circumstantial evidence, including the complainant's prior disinterest in the accused, her high level of intoxication leading to a blackout, her post-event confusion and distress, and the accused's own statements, to allow the jury to consider the count.

The application for a directed verdict was dismissed.