[1979]DLHC1054 • August 14, 1979 • High Court
DABLA AND OTHERS vs. THE REPUBLIC
The appellants were jointly charged before the Circuit Court, Wa, with conspiracy to steal and stealing sixteen cartons of Embassy cigarettes and one carton of Sweet Menthol cigarettes belonging to Pioneer Tobacco Co., Wa. The cigarettes were stolen from a transport van parked at the company's store. The appellants, after initially pleading guilty to stealing and not guilty to conspiracy, were persuaded by the trial judge to plead guilty to conspiracy without evidence being led. The stolen cigarettes were recovered from various accused persons' premises, and the fifth accused, charged with receiving, was separately tried and is not part of this appeal.
read moreJUDGMENT OF TAYLOR J. The four appellants in this case were arraigned before the Circuit Court, Wa, charged jointly with the offence of conspiracy to steal in count one and stealing sixteen cartons of Embassy cigarettes valued ¢10,890 and one carton of Sweet Menthol cigarettes valued ¢480 all to the total value of ¢11,370 in count two. The properties were said to belong to the Pioneer Tobacco Co., Wa. A fifth accused person was charged with receiving. He pleaded not guilty and was apparently separately tried. He is a non-appellant and is accordingly not concerned with this appeal. When the appellants first appeared before the court, they pleaded guilty to the charge of stealing and not guilty to the conspiracy count. After they had so pleaded, the prosecution applied to amend the second charge to read sixteen cartons of Embassy instead of eighteen. The application was granted and the second count was accordingly amended. The appellants did not plead to the amended charge ...