Ndyoka v Reginam
Ndyoka v Reginam (Criminal Appeal No. 80 of 1956) [1950] EACA 505 (1 January 1950)
The appellant's statement did not amount to an unequivocal admission of attempted murder, as it only admitted to striking his wife with a panga with the intention of punishing her, not to cause grievous bodily harm or to kill. Following binding precedent, such a plea cannot be treated as a plea of guilty to attempted murder. The conviction and sentence based on this plea were therefore invalid. The proper procedure is to remit the case to the High Court for the appellant to plead afresh to the charge or any other charge the Crown may lay, and for a trial to proceed if necessary.
Source excerpt
- Attempted Murder
- Plea Entry
- Unlawful Wounding
- Conviction Procedure