Nyaku s/o Ntandu v. R., Crim. App. 805-D-67, 6/12/67, Biron J.

Nyaku s/o Ntandu v. R., Crim. App. 805-D-67, 6/12/67, Biron J.

Accused was convicted of doing grievous harm. [P.C. s.225.] In answer to the charge he originally pleaded that the complainant had come to accused ’s house at night and refused to identify himself, and accused thought  he was an enemy. This was recorded as a plea of not guilty. However, he later stated, “I want now to change my plea to one of guilty because I injured this man. I agree that I did wrong.” This was recorded as a plea of guilty. After the prosecutor had recited the facts, the accused made a statement substantially identical to his first plea.

            Held: (1) In the circumstances, and considering that the facts recited by the prosecution were not inconsistent with the accused ’s statement, if accused thought, as he had reason to believe, that the man who came to his house late at night was “an enemy,” this would be a defence to the charge. (2) Accused did not unequivocally plead guilty to the charge. Conviction quashed.