On a conviction appeal by way of rehearing, the nature of the appeal (rehearing on existing evidence where the accused was represented at trial) is a significant factor in assessing whether refusal of an adjournment for legal representation constitutes a denial of procedural fairness. A late application for adjournment to obtain representation, made after the hearing has substantially concluded and the judge is about to deliver judgment, may properly be refused where the applicant had earlier opportunities to obtain representation and failed to do so.
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