LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Plea Taking — Plea in Capital Offences — Practice Where Accused Pleads Guilty to Murder
PRINCIPLE STATEMENT
By convention, a plea of guilty is never recorded for an accused in a murder case even when he so pleads in error; a plea of not guilty is recorded on his behalf.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Tobby v. State (2001) NLC-412000(SC) at p. 11; Paras A–C.
"It is, however, well known that by convention, although there is no equivalent of the above provision in the CPA, plea of guilty is never recorded for an accused in a murder case even when he so pleads in error. A plea of not guilty is recorded on his behalf: see R. v. Kofi Mansu (1947) 12 WACA 113. I think, therefore, that in a plea taken by virtue of section 215 of the CPA, it becomes highly academic in the case of murder trial whether the provisions of that section were fully observed before the accused pleaded to the charge."
EXPLANATION / SCOPE
In murder cases, by convention, a plea of guilty is never recorded even if the accused attempts to plead guilty. The court records a plea of not guilty on the accused’s behalf. This practice protects the accused from the irreversible consequences of a guilty plea in a capital offence. The court proceeds to trial. The principle recognises the unique severity of murder convictions. The convention applies regardless of the accused’s wish to plead guilty. The prosecution must prove the case beyond reasonable doubt. The practice ensures that no one is convicted of murder without a full trial. The accused’s statement may be used as evidence, but a formal guilty plea is not accepted.