:Appal Court. !4 October, 1936.
Appeal from Sentence by High
Court.
Appellant convicted on one count
for stealing
contra section 390 (6)
Criminal Code and on eleven
counts for fraudulent false
accounting contra section
438 (c) Criminal Code,
and sentenced to the maximum
penalty of seven years'
imprisonment with hard labour on
each count, sentences to run
concurrently.
Held; In absence of previous
convictions case not so flagrant
as to justify maximum sentences.
Sentences reduced to four years'
imprisonment with hard labour
E. A. Akerele
for Appellant.
Ivor
Brace for Crow
The following judgment was
delivered :KINGDON, C J.,
NIGERIA
The offence in this case is a
serious one, and it is necessary
for a heavy sentence to be
imposed in order to check the
defrauding of native
administrations. But there are
no previous convictions and the
case is not so flagrant as to
justify the maximum sentence
prescribed by law.
The appeal against the sentences
is accordingly allowed. The
sentences passed at the trial
are quashed and in substitution
therefor the appellant is
sentenced to four years'
imprisonment with hard labour on
each count of the twelve counts
upon which he was convicted.
The sentences to run
concurrently.
