A Calgary judge has declared a second mistrial in the sexual assault case against former court psychiatrist Aubrey Levin.

Levin first went on trial in 2012 for nine counts of sexual assault against former patients.

He was found guilty of three counts in January 2013 for fondling men who had been assigned to him as patients through the courts.

Levin was given a five-year prison sentence, which he appealed. That same jury found him not guilty of two counts and a mistrial was declared on the remaining four charges when the jury was unable to reach a verdict.

A new trial for two of those charges began earlier this month in front of a new jury. But on Friday that jury was also unable to come to a verdict.

It's an outcome the Crown says is rare and frustrating.

"For everyone ... part of the process, for the accused, for the complainants and certainly from the Crown's perspective it is too. We'd like to see finality to proceedings," said Shane Parker.

Crown considering 3rd trial

Levin remains out on bail pending the appeal of his sentence. 

His lawyer said the drawn out process is tough on his client.

"Obviously it's difficult," said defence lawyer Chris Archer. "It's hanging over him. As I've said before, he's 74 years old, so it's even more difficult when you factor in his age."

The Crown is considering a third trial, but one legal expert questions that decision because of the costs involved and the likelihood of finding another jury that hasn't been tainted by all the media coverage.

"These 12 people that sat on the jury could not come to a unanimous decision so there seems to be something that's deadlocking them. Is that likely to happen again?" said Janne Holmgren, an associate professor in justice studies at Mount Royal University.

The Crown says there's a lot to consider, including having victims testify again.

"Every time it's not getting any easier for them, it's getting harder," said Parker. "They're in a different place in their lives now, and we'd have to respect the fact if they said they want to move on."