Description
When an appeal can be entertained notwithstanding own plea of guilty – Section 360(1) of the Criminal Procedure Act – accused not availed an opportunity to admit or object to facts – Section 228 of the Criminal Procedure Act – re-trial denied.
- There are exceptions where an appeal may be entertained notwithstanding a plea of guilty – Section 360(1) of the Criminal Procedure Act.
- The charge was read out and explained to the accused person who pleaded guilty. But when the facts were read out the appellant was not availed an opportunity to admit or to object to the facts. That was contrary to Section 228 of the Criminal Procedure Act which directs that the facts should be read to the accused and then the accused should be given an opportunity to respond. Proceedings, conviction and sentence were quashed.
- Where a trial court misdirects itself on an essential step in the course of the proceedings, it does not automatically follow that a re-trial should be ordered even if the prosecution is not to blame for the flaw. Each case must depend on its peculiar facts and circumstances.
- Since the appellant had already served 10 years in prison, the matter was left to the wisdom of the Director of Public Prosecutions to decide whether to initiate the prosecution afresh or otherwise.
