Appellant
charged summarily and plead
guilty-Record shows Appellant
did not intend to admit facts
that would necessarily
constitute guilt-Not Guilty
pleas should ha1Je been.
entered Proceedings subsequent
to plea a nullity,
Hold: Appeal
allowed, Conviction ql1aslIPd.
There is no
need to set out the facts. Cases
referred to:-
R. v.
Baker 7 C.A.R. 217.
R. v.
lngleson 11 C.A.R. 21. R
.. v. Hussey 18 C.A.R. 121.
C. W.
Reece for Crown.
Miss S.
Thomas for Appellant.
The following
joint judgment was delivered:-
KINGDON, C.J.,
NIGERIA, PETRIDES, C.J., COLD
COAST', AND GRAHAM PAUL, C.J.,
SIERRA LEONE.
In this case
the appellant was charged
summarily before .Jeffreys,
Acting 'Assistant Judge of the
High Court at Buea, upon three
counts.
The first
count was for manslaughter,
contra. sec. 325 Criminal Code.
The second
count was for committing a
reckless and negligent act,
contra. sec. 343 (e) of
the Criminal Code.
The third
count was for being- in
possession of a poisonous or
dangerous drug for illegal
purposes contra. section 29 of
the Poisons and Pharmacy
Ordinance, No. 15/1927.
A plea of
guilty on all three counts was
recorded, and the appellant was
sentenced upon each count.
But from a
perusal of the record it is
clear from the explanation of
the facts given by the appellant
that he did not really intend to
admit facts that would
necessarily constitute guilt
under any of the three counts,
and that in respect of each a
plea of Not Guilty) should have
been entered. For these reasons
we hold that the proceedings
subsequent to the entry of the
plea are a nullity, (R. v. Baker
7 Cr. App. R. 217; R. v.
Ingleson 11 Cr. App. R. 21; R.
v. Hussey 18 Cr. App. R. 121).
We have power under section 11
(5) of the West African Court of
Appeal Ordinance, 1 B33 (No. 47
of 1933), to order that the
appellant be retried by a Court
of competent jurisdiction, but
counsel for the Crown has said
that he does not ask us to
exercise this power, and we
agree that, having regard to all
the circumstances of this case,
it is not one in which that
power should be exercised. 'When
we do not exercise that power
the provisions of section 10 (2)
of the Ordinance require us to
direct that a judgment and
verdict of acquittal he entered,
