Section 130:
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.
130. Delay – right to trial within a reasonable time – Appellate proceedings—The appellant was arrested in 1985 and convicted by the Intermediate
Court in May 1993. His appeal against conviction was dismissed by the Supreme Court in July 1998. On appeal to the Judicial Committee, their Lordships heard Counsel only on the issue of delay.
HELD (Judicial Committee) the protection afforded by section 10 of the
Constitution also applied to appellate proceedings and the Supreme Court
had no excuse for not disposing of the appeal promptly. The fact that a delay of almost 7 years had taken place between the time of the arrest of the
appellant and his conviction should have heightened the sense of urgency.
The greater part of the delay in the appeal proceedings is entirely unexplained. Appellant had the shadow of proceedings hanging over him for about
15 years. There had manifestly been a flagrant breach of section 10 (1) of the
Constitution. Conviction quashed. Darmalingum v State (2000).