(Mauritius) The defendant appealed his conviction for possession of counterfeit bank notes, saying he had been unrepresented throughout, and that the magistrate had intervened in the character of a prosecutor.
Held: The right to representation is the right to arrange representation at court, not a guarantee that the defendant would not be tried without representation. The behaviour of the magistrate was to be criticised, but this was a simple case relying upon bare contradictions of the prosecutor’s case, and no miscarriage of justice had taken place.
Citations:
[2005] 1 WLR 1952, [2005] UKPC 7
Links:
Citing:
Cited – Mohammadally v The State 2000
(Supreme Court of Mauritius) The appellant had dispensed with the services of her counsel four days before the date of trial and had not taken steps to engage another. The trial judge refused to grant her a postponement, on the ground that she could . .
Cited – Regina v Tuegel CACD 2000
The court retains a common law power to adjourn part of its sentencing procedure. Courts should exercise considerable restraint in their interventions. . .
Cited – Robinson v The Queen PC 1985
Where a defendant found himself unrepresented on the day of trial, an adjournment should be granted. The constitutional right to representation was not a guarantee of representation but a right for the defendant to arrange representation at his own . .
Cited – Dunkley and Robinson v The Queen PC 1-Nov-1994
(Jamaica) The appellant’s counsel had walked out of a murder trial after a dispute with the judge, leaving the appellant unrepresented for the remainder of the proceedings.
Held: A defendant in a capital murder case is to be allowed to find . .
Cited – Dunkley and Robinson v The Queen PC 1-Nov-1994
(Jamaica) The appellant’s counsel had walked out of a murder trial after a dispute with the judge, leaving the appellant unrepresented for the remainder of the proceedings.
Held: A defendant in a capital murder case is to be allowed to find . .
Cited – Higgs and Mitchell v The Minister of National Security and others PC 14-Dec-1999
(Bahamas) The applicants appealed against sentences of death, saying that the executions would be unlawful while there was a pending appeal to the OAS.
Held: The appeals failed. The Bahamas was a member of the Organisation of American States, . .
Cited by:
Cited – Grant v The Queen PC 16-Jan-2006
(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Criminal Practice
Updated: 29 June 2022; Ref: scu.223453
