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Section 150: Fair trial—The appellants were convicted of property offences. Their

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.

150. Fair trial—The appellants were convicted of property offences. Their appeals to the Supreme Court were dismissed and they then appealed to the Privy Council. The issue was whether the appellants had received a fair trial as provided for by section 10 (1) of the Constitution in view of the fact that one of the Magistrates who convicted the appellants had heard neither the evidence nor any of the appellants’ submissions. HELD (i) in a criminal trial, either before a jury or before Magistrates, it is a basic requirement of justice that those delivering the verdict must have heard all the evidence; (ii) where in a trial the accused pleads not guilty, and a Magistrate has to be replaced after part of the evidence has been heard, the trial must be recommenced and the evidence recalled to enable all the Magistrates to hear the accused’s evidence and submissions. Sip Heng Wong Ng v R (1985).

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