Synopsis:
Confirmation proceedings, in two cases, regarding the constitutionality of s.309(3A), s.309C(4)(c) and s.309C(5)(a) of the Criminal Procedure Act governing the rights of people convicted in the Magistrates' Court to appeal to the High Court against their convictions or sentences. S v Shinga: s.309(3A) provided for an appeal to be disposed of in chambers without oral argument. The Court confirmed the finding that this provision was inconsistent with the right of an accused person to a fair trial as appeals are to be held in open court. s.309C(4)(c) provided that the record was only to be forwarded to the High Court in limited circumstances. This provision was held to be inconsistent with the right to a fair trial. The record is now required in all matters. The finding in S v O' Connell that s. 309C(5)(a) was invalid to the extent that it requires only one judge to consider an application for leave to appeal, was confirmed. Two judges are now required. Yacoob J wrote for the Court.
