How can delays in supplying grounds of judgment affect an appeal?

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Delays in Supplying Grounds of Judgment Can Prejudice an Appeal

Delays in providing the grounds of judgment can significantly impact a criminal appeal, potentially prejudicing the accused and even forming a basis for quashing a conviction. Once a notice of appeal is filed, the appellant has a statutory right to request the trial judge's notes of evidence, which must include the parties' contentions and the facts underpinning them. A fundamental purpose of an appeal is to enable parties to present their case fully and effectively; this objective is undermined if parts of the usual record are withheld against a party's wishes. The grounds of decision should be furnished promptly after hearing evidence, as the details of testimony, witness demeanour, and the overall atmosphere of the case are clearer in the judge's mind immediately following the proceedings.
Grounds of Decision Must Be Promptly Provided

Following the filing of a notice of appeal, the court from which the appeal is made is required to provide a signed copy of the grounds of decision to the appellant or their solicitors. The promptness of this delivery is crucial; the sooner the grounds are written after evidence is heard, the more precise the judge's recollection of evidence details, witness demeanour, and the case's atmosphere will be. This timeliness ensures that the appellate process is not hindered by a faded memory of the trial proceedings.
Prejudice to the Accused and Quashing Convictions

A delay in supplying the grounds of judgment can be considered prejudicial to the accused. Such delays may serve as a valid ground for quashing a conviction. In formulating grounds of decision, except in the most straightforward cases, a trial judge must articulate the reasons for believing or disbelieving evidence presented by either the prosecution or the defence. It is impermissible for a trial judge to supplement or amplify grounds of decision after they have been signed and delivered.
Timely Access to Evidence Notes is Essential

If an appellant has requested a copy of the notes of evidence, the trial judge must inform the appellant or their solicitors that a copy is available free of charge. The appellant is then required to file a petition of appeal within 14 days of receiving the grounds of decision, or within 14 days of being notified that the notes of evidence are ready, whichever period is longer. This petition must briefly state the substance of the judgment being appealed against and specify the points of law or fact where the lower court is alleged to have erred. Historically, as seen in the Straits Settlement case of Sherifa Shaika v Haughton (1889), it has been held insufficient to merely state "error in point of law or wrong determination of point of law"; specific grounds must be detailed.

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How can delays in supplying grounds of judgment affect an appeal?

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