Section 88: Time to prepare defence—The appellant was brought to Court and first

88. Time to prepare defence—The appellant was brought to Court and first informed of the charge on 22 April. The Magistrate then fixed the case for trial to 30 April, and remanded the appellant to gaol. On 30 April, the appellant produced a letter from Counsel moving for a postponement. The Magistrate refused, tried the case, and convicted the appellant. HELD as the appellant had been given only 8 days to prepare his defence and retain Counsel while he was in gaol, to refuse the postponement was to deny him his constitutional rights. The conviction was quashed. Observations on some factors which should be considered in granting or refusing postponements. François v R (1975).