juris

Section 96:

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.

96. Refusal of postponement on day of trial – Counsel having withdrawn— After several postponements of the case for various reasons, Counsel retained by the appellant was given leave by the Court to withdraw on the ground that his client did not wish to follow his advice. The appellant managed to secure the services of another Counsel within the one hour granted by the Court for the purpose. The new Counsel sought a postponement of the case to study the bulky record before assuming the defence of his client. The request was refused, the case was proceeded with, the appellant being unrepresented, he was eventually convicted. On appeal the Court held that CON – 193 [Issue 1] The Constitution the appellant had been deprived of his constitutional right of being represented by Counsel. Hosany v R (1984).

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