Selemani Athumani v. R., Cr. App. 373-D-68, 23/8/68, Saidi J.

Selemani Athumani v. R., Cr. App. 373-D-68, 23/8/68,  Saidi J.

Accused was convicted of two counts of burglary and two counts of stealing. Evidence showed that accused broke into a certain house and stole articles of two complainants who apparently occupied two different rooms in that house.

Originally the accused was charged with one count of burglary and one count of burglary and one count of stealing to which he pleaded not guilty. On a later date, the charge was amended by adding on count of burglary and one count of stealing but the accused was not asked to plead to these new charges. There was, however, ample evidence to warrant conviction on all four counts.

            Held: Conviction on the third and fourth counts a nullity since the accused was not asked to plead from the beginning. [Applying Akberali Walimohamed v. Regina, 2 T.L.R. (R) --.]