Susana v. R. Crim. App. 59-A-71; 7/5/71; Kwikima Ag. J.

Susana v. R. Crim. App. 59-A-71; 7/5/71; Kwikima Ag. J.

The appellant was convicted of unlawful possession of poisonous drugs c/s 25 (1) (b) (c) (e) an (f) of the Pharmacy and Poisons Ordinance Cap. 416. This appeal was admitted because the trial court permitted the appellant to withdraw her plea of guilty after conviction had been recorded.

            Held: (1) “It now transpires that the learned magistrate was fully entitled to give the appellant such permission before he had passed sentence. This was laid down in Hussein Hassani v. Rex 1 T. L. R. (R) 355 when the High Court of Tanzania followed with approval the English decisions of Rex v. Plimer [1902] 2 K. B. 339 and Rex v. Blahe-more 22 Cr. A. R. 49. Indeed in a very recent case, Duff, J. (as he then was) held that; - “It is quite clear that a plea of guilty may be withdrawn with the leave of the court before sentence and this is entirely a matter for the discretion of the court.” (Hassan Mohamed v. R. [1968] H. C. D. 429) (2) “It must be emphasized that the court must use its discretionary power judicially. It must record the reasons why such leave is granted and it must record such reasons as the accused used to persuade it to use its discretion in the accused’s favour.” (3) On the whole there is no cause to interfere with the conviction. (4) Appeal dismissed.