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The High Court allowed a criminal appeal, finding the guilty plea was not properly recorded and the prosecution failed to state the facts after plea; a retrial was ordered.
The Court of Appeal set aside a conviction based on a guilty plea, finding the plea was not unequivocal and remitted the case for a fresh plea and hearing.
The appellant's plea in the trial court was not unequivocal because he merely stated 'It is true' without elaboration, the magistrate prematurely recorded admitted facts, the age of the victim was omitted from the memorandum of facts, and no medical report was included. These deficiencies rendered the plea ambiguous and unsafe for conviction.
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The appellant's plea was unequivocal and voluntary, admitting all elements of the offence; therefore, section 360(1) of the Criminal Procedure Act bars the appeal, rendering it incompetent.
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