Jackson s/o Sumuni v. R., Crim. App. 89-M-67; 24/4/67; Platt, J.

Jackson s/o Sumuni v. R., Crim. App. 89-M-67; 24/4/67; Platt, J.

Accused was convicted of theft by public servant and sentenced to two years’ imprisonment and twenty-four strokes. He pleaded guilty with the words, “It is true.” The statement to which he assented averred that he was “personally responsible” for the loss of money.

            Held: (1) “It is true” is not an adequate plea of guilty. (2) The offence of theft by public servant must include an actual theft; that the accused was “personally responsible” for the loss may establish mere negligence. (3) Although a conviction would necessitate a minimum sentence, the accused “would not really be prejudiced” by a re-trial, since he “has not been long in prison.” Re-trial ordered.