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Mwaradaga v Republic [1977] NRSC 7; [1969-1982] NLR (D) 58 (29 September 1977)

[1969-1982] NLR (D) 58

IN THE SUPREME COURT OF NAURU

Criminal Appeal 2 of 1977

DAVID MWARADAGA

v

THE REPUBLIC OF NAURU

29th September, 1977.

Procedure - young person - plea - care to be taken to ensure plea is voluntary - parent should be present if possible.

Appeal against conviction (with leave of the Court) for stealing and against the sentence of a fine of $250 imposed thereon. The appellant, a boy aged 14 years, was charged with three other youths, all older than himself.

He pleaded guilty. The case was then adjourned. Six weeks later the prosecutor stated the facts to the Court. The appellant, and all his co-accused, admitted them. The appellant was unrepresented and on neither occasion was any parent or close relative present. The pleader representing him on his appeal informed the Court that the appellant had wished to plea “not guilty” but was afraid to do so.

Held: Where a number of young persons are charged together and are not legally represented, the Court should take particular care to ensure that the plea of each is truly his own plea, voluntarily made. Whenever possible arrangements should be made for at least one parent or adult relative of each accused to be present when the plea is taken.

Appeal allowed; conviction quashed and retrial ordered

G. Star for the appellant.
D.G. Lang for the respondent.

Thompson CJ:

Where several young persons are charged jointly with an offence and are not represented by a barrister and solicitor or pleader, it is undesirable that their pleas should be taken, or, their admission of the facts, without the Court taking appropriate steps (which should be noted on the record) to ensure that each one of them is making an entirely voluntary plea or admission. If possible, arrangements should be made for the parents of a child or young person to be in court, so that he may have their moral support to enable him to withstand any pressures upon him to conform to the decisions of his co-accused as to the manner in which he should plead.

In this present case the appellant was the youngest of a group of four accused. He was only 14. The next youngest was 16 and one was 18. In all the circumstances I consider that it is unsafe to allow the conviction to stand. The conviction will be quashed and the case, in respect of the appellant, remitted to the District Court for his plea to be taken afresh and, if he pleads not guilty, for the charge to be tried on the evidence. Unless the appellant is represented in those proceedings, arrangements should be made for one or both of his parents to be present, if possible throughout the trial but in any case when his plea is taken.

The appellant’s conviction is quashed and the case, in respect of the appellant, is remitted to the District Court, for a fresh plea to be taken and for such further proceedings thereafter as may be appropriate having regard to that plea.