CHAPTER 21
PLEA OF GUILTY AT SUMMARY TRIAL
Plea of guilty
125. (1) Where an accused at a summary trial in any court pleads guilty to the offence charged, or to an offence of which the accused may be convicted on the charge and the prosecutor accepts that plea -
(a) the presiding judge or magistrate may, if he or she is of the opinion that the offence does not merit punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding N$3 000, convict the accused of the offence to which he or she has pleaded guilty on his or her plea of guilty only and -
(i) impose any competent sentence, other than imprisonment or any other form of detention without the option of a fine or a fine exceeding N$3 000 ; or
(ii) deal with the accused otherwise in accordance with law ;
(b) the presiding judge or magistrate must, if he or she is of the opinion that the offence merits punishment of imprisonment or any other form of detention without the option of a fine or of a fine exceeding N$3 000, or if requested thereto by the prosecutor, question the accused with reference to the alleged facts of the case in order to ascertain whether the accused admits the allegations in the charge to which he or she has pleaded guilty, and may, if satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, convict the accused on his or her plea of guilty of that offence and impose any competent sentence.
(2) If an accused or his or her legal practitioner hands a written statement by the accused into court, in which the accused sets out the facts which he or she admits and on which he or she has pleaded guilty, the court may, instead of questioning the accused under subsection (1)(b), convict the accused on the strength of that statement and sentence the accused as provided in that subsection if the court is satisfied that the accused is guilty of the offence to which he or she has pleaded guilty, but the court may put any question to the accused to clarify any matter raised in the statement.
(3) Nothing in this section contained is to be construed as preventing the prosecutor from presenting evidence on any aspect of the charge, or the court from hearing evidence, including evidence or a statement by or on behalf of the accused, with regard to sentence, or from questioning the accused on any aspect of the case for the purposes of determining an appropriate sentence.
Change of plea of guilty
126. (1) If at any stage of the proceedings under section 125(1)(a) or (b) or 125(2) and before sentence is passed -
(a) the court is in doubt whether the accused is guilty of the offence to which he or she has pleaded guilty ;
(b) it is alleged or appears to the court that the accused does not admit an allegation in the charge or that the accused has incorrectly admitted any such allegation or that the accused has a valid defence to the charge ; or
(c) the court is of the opinion for any other reason that the accused’s plea of guilty should not stand,
the court must record a plea of not guilty and require the prosecutor to proceed with the prosecution, but any allegation, other that an allegation referred to in paragraph (b), admitted by the accused up to the stage at which the court records a plea of not guilty, stands as proof in any court of such allegation.
(2) If the court records a plea of not guilty in terms of subsection (1) before any evidence has been led, the prosecution must proceed on the original charge laid against the accused, unless the prosecutor explicitly indicates otherwise.
Committal by district court of accused for sentence by divisional court after plea of guilty
127. (1) If a district court, after conviction following on a plea of guilty but before sentence, is of the opinion -
(a) that the offence in respect of which the accused has been convicted is of such a nature or magnitude that it merits punishment in excess of the jurisdiction of a district court ; or
(b) that the previous convictions of the accused are such that the offence in respect of which the accused has been convicted merits punishment in excess of the jurisdiction of a district court,
the court must stop the proceedings and commit the accused for sentence by a divisional court having jurisdiction.
(2) Where an accused is committed in terms of subsection (1) for sentence by a divisional court, the record of the proceedings in the district court must, upon proof thereof in the divisional court, be received by the divisional court and forms part of the record of that court, and the plea of guilty and any admission by the accused stand unless the accused satisfies the court that such plea or such admission was incorrectly recorded.
(3) (a) Unless the divisional court -
(i) is satisfied that a plea of guilty or an admission by the accused which is material to his or her guilt was incorrectly recorded ; or
(ii) is not satisfied that the accused is guilty of the offence of which he or she has been convicted and in respect of which he or she has been committed for sentence,
that court must make a formal finding of guilty and sentence the accused.
(b) If the divisional court -
(i) is satisfied that a plea of guilty or an admission by the accused which is material to his or her guilt was incorrectly recorded ; or
(ii) is not satisfied that the accused is guilty of the offence of which he or she has been convicted and in respect of which he or she has been committed for sentence or that he or she has no valid defence to the charge,
the court must enter a plea of not guilty and proceed with the trial as a summary trial in that court, but any admission by the accused, the recording of which is not disputed by the accused, stands as proof of the fact so admitted.
(4) Section 125(3) applies in respect of the proceedings under this section.
Fair trial standards
National proceedings on admission of guilt
EDIT.