Section 138: Impartial tribunal—The appellant was convicted of cultivating gandia

138. Impartial tribunal—The appellant was convicted of cultivating gandia and appealed on the ground that he had not received a fair trial. It transpired that during the trial the Magistrates who had convicted the appellant became aware that the appellant had previous convictions, and one of the Magistrates had heard the appellant’s bail application. HELD under section 10 (1) of the Constitution a person charged is entitled to be tried by an impartial tribunal. Whether there is bias is a question of degree based on the public perception of the administration of justice in the case. François v State (1993).