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Section 100: Withdrawal of Counsel – Miscarriage of justice—The appellant was

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

100. Withdrawal of Counsel – Miscarriage of justice—The appellant was convicted of larceny and appealed on the ground inter alia that there was a miscarriage of justice because the Court allowed the appellant’s Counsel to withdraw in the absence of the appellant. HELD where an accused’s Counsel is absent on the trial day and the accused does not move for a postponement but elects to conduct his own defence, the accused cannot complain that he has been deprived of the constitutional right to be defended by Counsel. Ochotoya v R (1988).

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