HOME           4  WEST AFRICA COURT OF APPEAL

                          Lagos, 9th August, 1938.

                              Cor. Kingdon, C.J., Carey and Graham Paul, JJ.

                                                                     REX                                                     Respondent.

                       v

                                                           BADARU SHANUSI                                  Appellant.

                                                              .

  Possession of Counterfeit coins, contra. sec. 150A of Criminal Code-Maximum sentence imposed.

Held: Trial Judge having taken into account guilt of appellant of a more serious offence (with which he was not charged) the sentence is reduced.

There is no need to set out the facts. C. N. S. Pollard for Crown. Appellant in person.

The following joint judgment was delivered:-

KINGDON, C.J., NIGERIA, CAREY AND GRAHAM PAUL, JJ.

In this case the learned trial Judge passed the maximum sentence for the offence, 'Viz., seven years imprisonment with hard labour, From the note he made in doing so, it is clear that he considered the accused guilty of more serious counterfeiting offences and took this into consideration in deciding upon the maximum sentence. The appellant was not convicted of the more serious offences and should not have been punished as though he had been. We therefore consider that the sentence should be reduced. But the offence of which the appellant was convicted is a serious one and he had in his possession a very large number of counterfeit coins. A heavy sentence is therefore called for, though not the maximum. The sentence passed at the trial is quashed and in substitution therefor the appellant is sentenced to five years imprisonment with hard labour.