R. v. Songo d/o Musoma, Crim. Rev. 43-M-67, 27/11/67, Cross J.

R. v. Songo d/o Musoma, Crim. Rev. 43-M-67, 27/11/67, Cross J.

Accused was convicted of arson. When the charge was read to her she said, “I agree I unlawfully set the house on fire. I was not justified in doing so.” This was recorded as a plea of guilty. The facts, as related by the prosecution, were that accused burnt some native medicine near the house of a co-wife of her husband, apparently in the hope that the medicine would increase the husband’s love for herself. The fire spread and the co-wife’s house was completely burnt.

            Held: Penal Code section 319(a) provides that “Any person who willfully and unlawfully sets fire to any building or structure whatever … is guilty of a felony ….” Accused ’s plea did not admit to having willfully burnt the house, and the  plea was thus equivocal and should not have been recorded as a plea  of guilty. Also, nothing in the recital of facts by the prosecution indicates that the burning of the house was not accidental. Conviction quashed.