R. v. Balutunika s/o Mhozi, Crim. App. 153-M-68, 15/5/68, Seaton,J.

R. v. Balutunika s/o Mhozi, Crim. App. 153-M-68, 15/5/68, Seaton,J.

Accused was charged and convicted of causing grievous bodily harm. The word “unlawfully” was omitted from the charge. Accused ’s reply to the charge was, “Yes, it is true I cut the complainant by panga…..” This was entered as a plea guilty. Accused said that he had been angry with the complainant for having ridiculed his wife and daughter as they were mourning the death of a daughter.

            Held: (1) Accused ’s plea of guilty was not unequivocal, under section 225 of the Penal Code. (2) The word “unlawfully” must be included in the charge. (3) Accused ’s statements, that he was angry over complainant’s treatment of his wife and daughter, might have gone some way to show that accused did not believe that he was acting unlawfully, or that he did not intend to do so. Conviction quashed; re-trial not ordered, in view of the fact that accused has already spent some time in prison.