Rex v Bihemo (Criminal Appeal No. 46 of 1945)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The Court of Appeal held that the trial judge erred in accepting a plea of guilty to manslaughter where depositions showed no legal provocation and evidence pointed clearly to murder. The court clarified that premeditation is not a legal ingredient of murder under section 189 of the Penal Code and has no significance in determining whether a killing amounts to murder or manslaughter. Despite the error, the appeal was dismissed as the accused benefited from the lower court's mistake.
Outcome
Conviction for manslaughter upheld despite court's finding that evidence supported murder conviction
Facts
The appellant was charged with murder under section 186 of the Penal Code. At trial, he pleaded that he killed without meaning to but while doing an unlawful act. The trial judge accepted this as a plea of guilty to manslaughter, stating the court would not be prepared to find premeditation. Crown counsel accepted the plea on the advice of the court. The depositions of Crown witnesses were unanimous that there had been no legal provocation prior to the killing.
Issues
- Whether the trial court properly accepted a plea of guilty to manslaughter on a murder charge where depositions pointed clearly to murder.
Orders
- Appeal dismissed.
Rules and key headnotes
Legislation cited (2)
- Penal Code s.186
- Penal Code s.189
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.