juris

Section 122: The point at issue was raised and analysed in the case of R v Labat

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.

122. The point at issue was raised and analysed in the case of R v Labat (1970). In that last case, the Court, after alluding to 2 American cases having a bearing on the matter, the following excerpts –“. . . the right of a speedy trial is necessarily relative. It is consistent with delays and depends upon circumstances. It secures rights to a defendant. It does not preclude the rights of public justice . . .”. “Whether delay in completing a prosecution . . . amounts to an unconstitutional deprivation of rights depends upon circumstances . . . The delay must not be purposeful or oppressive”. “The essential ingredient is orderly expedition and not mere speed”. Albert v R (1989).

Ask juris about this section Official source