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Tuesday, 05 March 2013 12:23

The Queen v Kabalan Mokbel (Supreme Court) - Oct 2010

In this case a co-accused sought to have his proceedings severed from that of the other accused because otherwise he would not be tried without unreasonable delay.

The Commission intervened to make submissions on the "speedy trial" aspects of the Charter's right to a fair trial. The Commission wanted to ensure that the court understood the way in which section 6(2)(b) of the Charter imposes obligations on the court itself where it has functions in relation to those rights, such as the right to be tried without unreasonable delay.

The Supreme Court decided to sever the trial on the basis of its common law discretion to avoid undue delay, after hearing argument on both the common law and Charter rights.

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