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The High Court allowed a criminal appeal, holding that a guilty plea was equivocal because the facts did not establish unlawful cultivation and the charge details were inconsistent.
The High Court allowed a criminal appeal, quashed convictions for drug-related offences, and ordered the appellant’s release, finding no direct proof of guilt.
The appellant's guilt for unlawful cultivation of prohibited plants was proven beyond reasonable doubt based on a corroborated retracted confession and supporting evidence. The charge of unlawful possession was not established as the evidence only proved cultivation, not possession.
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The High Court allowed a criminal appeal after finding procedural irregularity in the admission of prosecution exhibits, quashing the conviction and 30-year sentence.
The Court of Appeal allowed a drug-conviction appeal because the alleged bhang plant was not scientifically tested, and the cautioned statement could not replace proof.
The appellant's plea of guilty was equivocal and not properly recorded in accordance with the law, as the facts were not fully explained, the caution statement was not read over, and the exhibits were not tendered. Therefore, the conviction and sentence are quashed and a retrial is ordered.
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