A Guilty Plea Cannot Support a Conviction Where the Prosecution Fails to Prove the Offence.
1) Effect of Guilty Plea Without Supporting Prosecution Evidence
Although the accused pleaded guilty to stealing two oxen worth Baht 5,000 and merely sought a suspended sentence on the ground that the property had been returned and the owner no longer wished to pursue the matter, the conviction could not stand where the prosecution failed to adduce evidence sufficient to prove the commission of the offence. The proper judgment was therefore to dismiss the case, notwithstanding the guilty plea. (Supreme Court Decision No. 819/2513)
2) Res Judicata / Binding Effect of Final Judgment on the Same Facts
Where the injured party initially filed a private criminal complaint against three accused for jointly assaulting her, and the public prosecutor later prosecuted only one of them in the Criminal Court on the same factual basis, a final judgment of acquittal by the Criminal Court on the ground that the incident was merely a mutual affray operated in favour of all accused. Accordingly, the subsequent conviction of all three accused by the District Court should be set aside, and the accused were entitled to appeal on the basis that the later action ought to have been dismissed because the matter had already been finally adjudicated. (Supreme Court Decision No. 1605–1616/2512)