[1943] EACA 72
The court held that the Magistrate has discretion to permit withdrawal of a guilty plea before sentencing, as established by Rex v. Plummer. The learned Magistrate's failure to exercise this discretion constituted a misdirection. Consequently, the proceedings were set aside and a retrial was ordered before a...
Source-derived case information.
- Citation
- [1943] EACA 72
- Parties
- Respondent: Crown; Defendant: Mwangi s/o Kamuhu; Defendant: Nelson Waweru s/o Waduiya
- Court
- East African Court of Appeal
- Jurisdiction
- Uganda
- Case Number
- Confirmation Case No. 151 of .1943
- Procedural Posture
- Criminal Confirmation / Confirmation
- Outcome
- proceedings set aside; retrial ordered
- Judges
- Lucie-Smith, J. (Kenya), Sheridan CJ
- Legal Topics
- Plea of Guilty, Withdrawal of Plea, Magistrate Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crown
Respondent
Mwangi s/o Kamuhu
Defendant
Nelson Waweru s/o Waduiya
Defendant
Procedural Posture
Criminal Confirmation / Confirmation
Legal Issues
- 1 Whether a Magistrate has discretion to allow withdrawal of a plea of guilty prior to sentencing.
- 2 Whether the learned Magistrate misdirected himself on the issue of discretion regarding withdrawal of plea.
Ratio Decidendi
The court held that the Magistrate has discretion to permit withdrawal of a guilty plea before sentencing, as established by Rex v. Plummer. The learned Magistrate's failure to exercise this discretion constituted a misdirection. Consequently, the proceedings were set aside and a retrial was ordered before a different Magistrate.
Court Disposition
proceedings set aside; retrial ordered
Orders
- The proceedings are set aside.
- Fresh proceedings to be conducted before Mr. Coffey, Resident Magistrate.
Full Case Text
Judgment text and source record
8 paragraphs
## CRIMINAL CONFIRMATION
### BEFORE SIR JOSEPH SHERIDAN, C. J., AND LUCIE-SMITH, J.
### CROWN, Prosecutor
# (1) MWANGI s/o KAMUHU, (2) NELSON WAWERU s/o WADUIA. Accused Confirmation Case No. 151 of 1943
Criminal Procedure—Plea of guilty—Withdrawal of plea—Discretion of $$ $\mathcal{L}$ $\mathbf{I}$
### Accused, Mwangi and Nelson.
Stacey, Crown Counsel, for the Crown.
ORDER (15-4-43).—Crown Counsel submits and we agree that the case of Rex v. Plummer (1902) 2 K. B. 339 is an authority in favour of the Magistrate possessing a discretion to allow an accused person to withdraw his plea of guilty prior to sentence. This being so, there was a misdirection by the learned Magistrate on the issue of discretion and we accordingly set aside the proceedings and direct that there be fresh proceedings before Mr. Coffey, Resident Magistrate.