Hassan s/o Mohamed v. R., Crim. Rev. 106-D-68, 7/9/68, Duff, J.

Hassan s/o Mohamed v. R., Crim. Rev. 106-D-68, 7/9/68, Duff, J.

Accused was convicted on his own plea of two traffic offences. When asked if he wished to say anything in mitigation, accused appeared to retract his original pleas. The court considered that, having already convicted the accused, it had no power to set aside the convictions. Record forwarded for revision.

            Held: “It is quite clear that a plea of guilty may be withdrawn with the leave of the court before sentence and this is entirely a matter for the discretion of the court….[O]nce the accused appeared to be disputing the facts given by the prosecution even when making a plea in mitigation, a plea of not guilty should have been entered and the charge or charges tried.” Convictions set aside and accused to be re-tried.