09/04/1997

OF CRIMINAL APPEAL (INFERIOR)

CARUANA COLOMBO VICTOR J.

THE POLICE vs EMIL NIKOLOV ET.

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ADMISSION OF GUILT - APPEAL APPLICATION - CHARGE

It is not required by law to quote in the charge the law which creates the offence with which the accused in charged. That which is essential is that the charge makes clear the facts and the offencewith which the accused is being charged. Upon a plea of guilty, the Court cannot but proceed to sentence the accused, and apply the punishment prescribed by law, unless it is proved that he did not understand the nature of the charge, or that he had no intention of pleading guilty. Once the accused pleads guilty to the charges, the Court cannot consider the merits of the charges. Nor can the Court of Criminal Appeal consider the grounds of appeal which relate to the merits of the case.