Hamadi Juma v. R., Crim. App. 715-M-69, 8/1/70, Seaton J.

Hamadi Juma v. R., Crim. App. 715-M-69, 8/1/70, Seaton J.

The appellant was convicted of rape c/ss 130 and 131, Penal Code. The appellant’s unsworn statement admitted that the complainant was his girl friend but denied having intercourse with her on the day in question. The Magistrate disbelieved the appellant and, in his judgment, mentions as one of his reasons, the fact that the appellant when he first came before the court to plead, said that he had sexual intercourse with the complainant’s consent.

            Held: “It was misdirection for the Magistrate in deciding the appellant’s guilt or innocence to consider his statement when making his plea. The only purpose for which the words of a plea of not guilt are to be used is to ascertain whether or not he is admitting his guilt as charged. Once it is clear that he is denying guilt, everything is in issue and the trial court may not use part of the words in his plea in order to fill up subsequently the scales of evidence against him. However, in the present case, I am of the view that there was ample other evidence to support the conviction. The appeal is accordingly dismissed and the sentence confirmed.”