[1951] EACA 307
The appellant's plea did not amount to an unequivocal admission of intent to cause grievous harm as required under section 222 (1) of the Tanganyika Penal Code. The plea only admitted to unlawful wounding, not to the more serious charge of wounding with intent. Consequently, the conviction under section 222 (1) was...
Source-derived case information.
- Citation
- [1951] EACA 307
- Parties
- Appellant: Hando s/o Akunaay; Respondent: Rex
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Criminal Appeal No. 220 of 1951
- Procedural Posture
- Criminal Appeal / Appeal From High Court Conviction
- Outcome
- appeal_allowed
- Judges
- Hearne CJ, Nihill P, Worley VP
- Legal Topics
- Equivocal Plea, Unlawful Wounding, Sentencing, Conviction on Plea
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Hando s/o Akunaay
Appellant
Rex
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction
Legal Issues
- 1 Whether the appellant's plea constituted an unequivocal admission of guilt under section 222 (1) of the Tanganyika Penal Code.
- 2 Whether the conviction and sentence imposed exceeded what was permissible based on the plea entered.
Ratio Decidendi
The appellant's plea did not amount to an unequivocal admission of intent to cause grievous harm as required under section 222 (1) of the Tanganyika Penal Code. The plea only admitted to unlawful wounding, not to the more serious charge of wounding with intent. Consequently, the conviction under section 222 (1) was improper and had to be substituted with a conviction under section 228 (1), which covers unlawful wounding. The sentence imposed exceeded the statutory maximum for unlawful wounding, necessitating its reduction to three years' imprisonment with hard labour, the maximum permissible for the substituted offence.
Court Disposition
appeal_allowed
Orders
- Conviction under section 222 (1) set aside.
- Conviction under section 228 (1) substituted.
Full Case Text
Judgment text and source record
22 paragraphs
# COURT OF APPEAL FOR EASTERN AFRICA
## Before SIR BARCLAY NIHILL, President, SIR NEWNHAM WORLEY, Vice-President, and SIR HECTOR HEARNE, C. J.
# HANDO s/o AKUNAAY, Appellant (Original Accused)
## REX, Respondent
### Criminal Appeal No. 220 of 1951
#### (Appeal from decision of H. M. High Court of Tanganyika—Knight, J.)
Accused charged on two counts, first count attempted murder, second count wounding with intent—Equivocal plea—Conviction on second count.
The appellant was charged before the Tanganyika High Court on an information containing two counts, the first of attempted murder and the second wounding with intent *contra* to section 222 (1) of the Tanganyika Penal Code.
Accused pleaded: "I attacked the woman with a panga because I had divorced her and she would not return my bride price. I admit I should have gone to the Court and complained against her. I did wrong, but I did not intend to kill her". He was convicted on his own plea of the offence alleged in the second count and was sentenced to seven years' imprisonment with hard labour.
It was conceded by Crown that the plea was not an unequivocal admission of an offence *contra* section 222 (1) of the Tanganyika Penal Code.
Held $(11-12-51)$ .—The plea is not anything more than an admission that the appellant is guilty of unlawful wounding and is not an admission that he had in fact unlawfully caused grievous harm.
Appeal allowed: Sentence reduced to three years' imprisonment with hard labour.
## Appellant absent, unrepresented.
### Sir James Henry, Ag. Solicitor General (Tanganyika), for Crown.
JUDGMENT.—The appellant in this case was charged before the High Court of Tanganyika on an information containing two counts. The first count was attempted murder, and the second count wounding with intent, contrary to section 222 (1) of the Tanganyika Penal Code.
On the information being read over to him at his trial he made the following plea: "I attacked the woman with a panga because I had divorced her and she would not return my bride price. I admit I should have gone to the Court and complained against her. I did wrong, but I did not intend to kill her". The learned trial judge thereupon convicted the appellant on his own plea of the offence alleged in the second count, and the Crown entered a nolle prosequi in respect of the first count. Subsequently the Judge passed a sentence of seven years' imprisonment with hard labour.
Sir James Henry has conceded that the plea cannot properly be regarded as an unequivocal admission of an offence against section 222 (1) since it does not contain an admission that the appellant intended to do grievous harm to the woman. He suggests, however, that it is, an admission of an offence against section 225, since the appellant has admitted that he wrongfully attacked the woman with a panga. In our view, however, the plea cannot in fact be regarded as anything more than an admission that the appellant is guilty of unlawful
wounding, for it is not an admission that he had in fact unlawfully caused. grievous harm. The point is no doubt a technical one, but so far as the appellant. is concerned it is most material because if he could not be properly convicted on. this plea of any offence greater than that of unlawful wounding, then the sentence passed on him is four years in excess of the maximum permissible. This case is. a good illustration of the need for the greatest care being taken where the plea of an accused person appears to amount to a plea of guilty.
As has been said before by this Court, before convicting on any such plea. it is highly desirable not only that every constituent of the charge should be: explained to the accused, but that he should be required to admit or deny every such constituent.
We have no option in this case save to set aside the conviction under section. 222 (1) and to substitute therefor a conviction under section $228$ (1).
The appellant's assault on his ex-wife was a brutal one, and it was indeed. fortunate for him that she was able to receive such skilled medical attention. This is, accordingly, a case where the appellant certainly deserved the maximum punishment permissible.
The sentence already passed upon him is set aside and he will serve a sentence: of three years' imprisonment with hard labour.