During a jury trial for aggravated assault and discharging a firearm, the defence applied for a mistrial after the Crown disclosed two screenshots mid-trial.
The defence had already aggressively cross-examined key Crown witnesses, suggesting they were lying about the existence of these screenshots because they had not been disclosed.
The court found that the late disclosure significantly prejudiced the accused's right to make full answer and defence, as the defence's tactical approach was based on the non-disclosure.
Concluding that no lesser remedy such as an adjournment or jury instruction would suffice, the court granted the mistrial.
