S v NYAMWEDA 1983 (1) ZLR 131 (S)

Flynote

Criminal procedure — plea of guilty — accused admitting offence but disputing method — court entitled to convict on basis of plea — sentence — plea of guilty — facts on which accused should be sentenced.

Headnote

The appellant was charged with theft and pleaded guilty. An agreed statement of facts was put in, which described an incident of pocket picking in a Harare hotel. The appellants when asked if he had any defence to offer, stated that he had found the money on the floor of the hotel. The magistrate sentenced him on the basis that he was guilty of pocket picking. It was argued for the appellant that in view of what the appellant said the magistrate should have recorded a plea of not guilty.

Held, that as the appellant's admission was to what amounted to theft by finding, the magistrate had not erred in accepting the admission as a plea of guilty to theft.

Held, further, that the magistrate erred in sentencing the appellant on the basis that he had picked the complainant's pocket. He should have asked the prosecutor whether he accepted the appellant's story; if he did not accept it, a plea of not guilty could have been entered. Since that course was not followed, the appellant should have been sentenced on the basis of what he admitted.