The accused was charged with assault after allegedly lifting the complainant up and throwing him on the ground. He pleaded guilty to the charge. However, when the essential elements of the offence were being canvassed, the accused stated "I just pushed him and he fell on the ground." During mitigation, he repeated this version, saying "I only pushed the complainant and he fell down." The trial magistrate convicted the accused on his guilty plea and sentenced him to 6 months imprisonment, with 3 months suspended on condition of good behaviour. The Regional Magistrate Gokwe referred the matter for review, noting that the accused's plea appeared to be qualified rather than unequivocal.
1. The conviction is set aside. 2. The sentence is quashed. 3. In view of the fact that the accused has already served 1 month in prison, he is entitled to his immediate release as it is unjust to order a trial de novo in the circumstances.
Where an accused person admits a fact that forms an essential element of a crime but later gives an answer that is in direct conflict with that earlier admission, a plea of not guilty must as a matter of law be entered in terms of section 272 of the Criminal Procedure and Evidence Act. A plea of guilty cannot be accepted as unequivocal, unqualified and genuine where the accused provides contradictory versions of the material facts, even if the accused initially admitted to the essential elements of the offence. The court is bound by the mandatory provisions of section 272 to alter the plea to not guilty in such circumstances.
The court noted that it would be unjust to order a trial de novo given that the accused had already served 1 month in prison, demonstrating judicial consideration of proportionality and fairness in remedying procedural irregularities. The court also observed that the trial magistrate's attitude that subsequent contradictory statements are immaterial once an initial admission is made goes against the letter and spirit of section 272 of the Code.
This case reinforces the mandatory nature of section 272 of the Criminal Procedure and Evidence Act in Zimbabwean criminal procedure. It establishes clear guidance for magistrates on how to handle situations where an accused person initially admits to essential elements of an offence but subsequently provides a contradictory version. The judgment emphasizes that courts must be vigilant in ensuring pleas of guilty are truly unequivocal and unqualified, and that any doubt or contradiction must result in a plea of not guilty being entered. This protects the rights of accused persons and ensures procedural fairness in criminal proceedings.