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