Appeal from
conviction by High Court.
Convction
for preparation to coin
gold and silver Evidence'
referred to pennies
only-Question of use of
W.A.C A discretion
under section 11 (2) of
Ordinance No. 47 of
1!
Held: Appeal
allowed, conviction quashed.
There is no
need to set out the fads.
C. W.
Reece for Crown.
Appellant not
present.
The following
joint judgment was delivered:
KINGDON, C.J.,
NIGERIA, PETRIDES, C,J., GOLD C(
GRAHAM PAUL, C.J., SIERRA LEONE.
The appellant
was charged before Brace,
Assistant Judge the Aba Judicial
Division upon two counts one
for" counting coin contra.
section 147 Criminal Code" and
the other preparation for
coining gold and silver coins
contra. section (3) (c)
Criminal Code." He was acquitted
on the first cm the ground that
there was "no evidence of making
or beging " to make." But he was
convicted upon the second co un
sentenced to four years I.H.L.
Both sections 147 and 148 only
to "gold and silver coin", an
expression whir <1efinition
includes the coins of mixed
metal of greater value current
in Nigeria. But the whole of the
evidence relating the
preparation for making pennies,
there is no suggestion the
appellant or anyone else was
thinking of making coins of a I
denomination. Therefore the
conviction upon the second
cannot stand. 'We have carefully
considered whether this is in
which we should exercise our
powers under section 11 (2) .
West African Court of Appeal
Ordinance and substitute a v of
guilty of some other offence.
The only possible section the
Criminal Code which comes near
to fitting with the proved is
section 154 (2), but counsel for
the Crown ha unable to ask us to
record a conviction under that
section fl reason that upon
examination the exhibits do not
appear adapted for making
counterfeit nickel coins.
The appeal is
accordingly allowed, the
conviction and se] are quashed
and it is ordered that a
judgment. and verdict and
acquittal be entered, and the
appellant discharged.