Lucas s/o Gangaya v. R., Crim. App. 129-D-68, 10/4/68, Hamlyn J.

Lucas s/o Gangaya v. R., Crim. App. 129-D-68, 10/4/68, Hamlyn J.

Accused was charged with being in possession of property suspected to have been stolen [P.C. s. 312]. He pleaded not guilty, and two prosecution witnesses gave their evidence. The prosecutor then applied to withdraw the charge, and substitute one of “conveying” such property, under the same section. The magistrate accepted the new charge, without taking a plea to it and proceeded with the trial.

            Held: If an accused is not given the opportunity to plead to a charge, the proceedings are a nullity. Accused in this case may be charged and tried again, if the prosecution so desires.