R. v. Joseph Aliphonce, Crim. Rev. 14-Z-66, 12/7/66, Saidi Ag. C. J.

 

R. v. Joseph Aliphonce, Crim. Rev. 14-Z-66, 12/7/66, Saidi Ag. C. J.

The accused, without being told the particulars of the offence with which he was charged, was asked to plead to the charge. His answer was, “I agree that I called the Police.

Held: (1) The accused’s answer was not an unequivocal plea of guilty. The prosecution must have outlined the facts of the case, whereupon the accused must have admitted that the facts as stated are true, if there is to be a proper of guilty. (Citing Regina v. Waziri s/o Musa, 2 T.L.R. 30.)

            (2) The proper procedure in taking a plea is as follows (quoting from R. v. Asis Mrimbi, Crim. Rev. No. 34 of 1964, per Spry J., Tanganyika High court Bulletin, case no. 204): “(a) the charge is read and explained to the accused ; where there are more counts than one, each should be put separately; (b) the plea should be recorded in the accused’s own words; where necessary, questions should be put to the accused to make it clear whether or not he admits every essential constituent of each offence charged; (c) the plea is entered; (d) the facts alleged are stated by the prosecutor in sufficient detail to bring out all the essential constituents of the offense charged and also to enable the court to assess the gravity of the offences; (e) the accused is asked if he admits the truth of the statement; if he does not, he must be given the opportunity to change his plea unless the prosecutor accepts the accused’s corrections and if necessary applies for leave to amend the charges; (f) if the plea is not change, a conviction is entered; ……”