Crown v Chelal (Confirmation Case No. 214 of 1943) [1943] EACA 73 (1 January 1943)

# CRIMINAL CONFIRMATION

#### 'BEFORE SIR JOSEPH SHERIDAN: C. J., AND LUCIE-SMITH, J.

## CROWN. Prosecutor v.

#### KIPKARIS ARAP CHELAL, Accused

### Confirmation Case No. 214 of 1943

Unlawful possession of stolen stock—Ordinance 18/33, Sec. 10 (1)—Acceptance of plea of guilty—Inadvisability—All ingredients of offence—"Reasonably lead to a belief".

#### Accused absent, unrepresented.

Stacey, Crown Counsel, for the Crown.

ORDER $(16-4-43)$ .—We do not hestitate to say that except in very rare cases and where there is a detailed admission of the several ingredients of the offence a plea of guilty should not be accepted in these cases. The accused should be put on his trial. In the present case the accused admits that he was in unlawful possession in a proclaimed district, but we are not satisfied that he admitted that the circumstances in which the cattle were found might reasonably lead to a belief that the cattle had been stolen. The difficulty of the ordinary native accused admitting this particular ingredient of the offence must be very apparent. The conviction and sentence are quashed, the fine, if paid, is directed to be refunded. The proceedings are a nullity, the plea not being an unequivocal plea of guilty. The accused is discharged, the Crown being free to take such further proceedings as may be advised. It occurs to us that it would be desirable for the prosecution in framing charges to set out the circumstances in which the stock are alleged to have been found. Should there be any difficulty in framing charges the Attorney General is always there to be consulted.