Appeal from
conviction by High Court.
Appellant unaware of plea of
guilty by hi.~
Counsel-Incomplete record-
subsequent proceedings U
nullity.
Held: Appeal
allowed, conviction quashed and
re-trial ordered. There is no
need to set out the facts.
Cases
referred to :-
R. v.
Baker 7 C.A.R. 217. R. v.
Ingleson 11 C.A.R. 21.
. R. v.
Hussey 18 C.A.R. 121.
C. W. Reece for the
Crown.
W. Wells-Palmer for
Appellant.
The following
joint judgment was delivered:-
KINGDON, C.J.,
NIGERIA, PETRIDES, C.J, COLD
COAST, GRAHAM PAUL, C.J., SIERRA
LEONE.
The appellant
was charged before Brace
Assistant Judge in the Aba
Judicial Division on a number of
counts. He pleaded not guilty to
all and was acquitted on all
except Count 1 which was for
possessing a firearm without
proper authority contrary to
sections 8 (1) and 27 of the
'Arms Ordinance (Chapter 132).
After the
case for the Prosecution had
been closed, and the case for
the defence had been partly
heard and there had been legal
argument resulting in the
acquittals already mentioned,
the Court recorded "Count
will proceed." Thereupon counsel
for the accused said" I plead
guilty to Count 1 now." Then
followed the allocutus which is
recorded as "Nothing" and then
the Court passed sentence of a
fine of £15 or three months hard
labour. The appellant paid the
fine. The appellant now appeals
to this Court in which he is
represented by different
counsel, on the ground that he
was not aware that a plea of
guilty was being recorded
against him and it was not his
intention to plead guilty. In
view of the record we feel
compelled, with some reluctance,
to accept the position that the
appellant never did in fact
plead guilty. It is well
established law that when it is
wrongly understood that an
appellant has pleaded guilty the
subsequent proceedings are a
T11111itv. (R. Y. Baker 7 Cr.
Apr. Rep. 217; R. v. Ingleson 11
Cr App. Hep. :21; R. v. Hussey
18 Cr. App. Rep. 121). This
being so we propose to exercise
our powers under section 11 (5)
of the West African Court of
Appeal Ordinanve 1933 (No. 47 of
1933) and order the appellant to
be retried. As the Assistant
Judge who tried the (:ase is not
now in Nigeria, it is not
possible that he should continue
the trial from the point at
which it became a nullity.
