Amiral Rashidi Rajwani v. R., Crim. App. 460-D-67, 9/8/67, Hamlyn C.J

Amiral Rashidi Rajwani v. R., Crim. App. 460-D-67, 9/8/67, Hamlyn C.J

Accused pleaded guilty to charges of stealing by servant, forgery, and uttering a false document, “without any mis-apprehension as to (the) purport” of the charges. On appeal, he argued that the police had told him he would receive a lesser sentence upon a plea of guilty than otherwise.

He did not deny committing the offence. He also argued that the sentence, one of imprisonment, should be reduced because he was a first offender, and because he had not been heard in mitigation by the magistrate.

            Held: (1) Because the accused did not argue that he was in fact not guilty, and because the plea had been “clear,” the claim of inducement was rejected. (2) The sentence was altered to on of 18 months’ probation on the accused ’s own bond, without surety, for Shs. 1000/- The Court noted that it is “always desirable” to hear an accused in mitigation. The Court also noted that “particularly short terms of imprisonment” for first offenders are “undesirable.”