Rashidi s/o Omari v. R., Crim. App. 377-D-68; -/8/68; Hamlyn, J.

Rashidi s/o Omari v. R., Crim. App. 377-D-68; -/8/68; Hamlyn, J.

Accused was convicted of burglary and stealing and of escape from lawful custody. At his trial, his wife testified for the prosecution. There was nothing in the record to show that the accused was asked whether he agreed to this.

            Held: In the absence of any statement by the accused on the record, it must be assumed that he was not informed of his rights under s. 155(2) of the Criminal Procedure Code. Thus her testimony was improperly admitted. It was, however, of little import in the case. Conviction affirmed.