Muna Siasi v. R., Crim. App. 47-A-69, 28/6/69, Platt j.

 

Muna Siasi v. R., Crim. App. 47-A-69, 28/6/69, Platt j.

The appellant was convicted of unlawful wounding and sentenced to 12 months’ imprisonment. Although he was said to have pleaded guilty, he appeals against conviction because his plea did not amount to a confession. He says that he speared the victim accidentally.

Held: “The plea as recorded was “It is true I wounded him with a spear below the shoulder.” The facts accepted by appellant included a statement by the Prosecutor that when asked the appellant said that he had thought he was spearing an animal. It was dark at the time and the appellant was going him with his brother. The victim was supposed to be crossing a river. It is not clear form the facts whether the appellant could have reasonably thought the victim was an animal or not. Certainly there is nothing said that he must have known the victim. The issue of accident therefore was not settled and consequently, it cannot be said that the plea was unequivocal, especially as the appellant admitted no more that the actual act of wounding. He never agreed he had done so “unlawfully”. Conviction set aside and re-trial ordered.