josephat james vs republic 2012 tzca 159 1 october 2012
The appellant's plea of guilty was not unequivocal or complete, as the words used did not amount to a clear admission of the truth of the charge, and the trial court failed to seek further clarification or explain the charge adequately. The statement of facts by the prosecution was insufficient, and the appellant raised a possible defence in mitigation. These irregularities occasioned a failure of justice, rendering the conviction and sentence invalid.
Source excerpt
- Plea of guilty
- Procedure for recording plea
- Appeals against conviction on plea
- Unnatural offence
- Sentence legality