Raja Azlan Shah J:

The appellants who are in their late thirties were charged under s. 392 of the Penal Code read with s. 34 of the Penal Code, to wit. in furtherance of the common intention robbed one Chin Tong Kan of a lorry registration number BL 9776 carrying 188 bags of tin ore valued at $52,000. This involved the existences of a pre-arranged plan which is to be proved from conduct or from circumstances or from any incriminatory facts to commit the crime actually committed, that is, robbery. Robbery is defined under s. 390 of the Penal Code as, inter alia , the causing of wrongful restraint in the commission of theft. It is significant to note that the appellants were never charged with voluntarily causing hurt in committing the robbery under s. 394 of the Penal Code nor with armed robbery under s. 397 of the Penal Code. They were unrepresented in the Court below and each pleaded guilty to the charge.

The record reads as follows:-

Charge read over and explained to all four accused who understand the charge.

First accused - Pleads guilty and UN & C of P* - I accept his plea.

Second accused - Pleads guilty and UN & C of P - I accept his plea.

Third accused - Pleads