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HOME           6  WEST AFRICA COURT OF APPEAL

 

                                                             

                                                                      Lagos 16th October, 1940.

                                             COR. KINGDON, PETRIDES AND GRAHAM PAUL, C.JJ.

                                                                             REX                                                   Respondent.

                                                                                v         

                                                              1.SALAMI ADEBESIN                                 Appellants.

                                                              2. TITANI KEREDE

                                                  

Appeal Court, 16th Oct .• 1940.

 

 Burglary con. 411 (1) C.C. and Stealing con. 390 (4) (b) C.C. and Robbery con. sec. 402 C.C. Sentences increased on appeal against sentence.

Appellants in person. Reece for Crown

The following joint judgment was delivered.

KINGDON, C.J.. NIGERIA, PETRIDES, C.J., GOLD COAST AND GRAHAM PAUL, C.J., SIERRA LEONE.

In this case the two appellants wt>re each convicted on t\\'o counts in the High Court of the Ibadan Division. The first count was for burglary and stealing, the second for robbery. They were sentenced, the first accused to ten years I. H.L. on the first count and six years I.H.L. on the second, the second accused to eight years I.H.L. on the 1st count and four years I.H.L. on the second, the sentences in each case to run concurrently. They have. appealed to this Court against these sentences. On these appeals the C011rt has power to enhance the sentences if it thinks them too lenient, and we propose to exercise this power in this case. The accused were members of an armed gang committing burglary and robbery, moreover the first accused had previously been convicted of wounding and attempted shooting. For the protection of the public they should be sent to prison for even longer terms than those imposed by the Trial Judge.

The sentences passed at the trial are accordingly quashed and in substitution therefor the following sentences are passed :­

         Upon the 1st appellant:     15 years I.H.L. on count one and

                                                      nine years I. H.L. on count two

                                                      the sentences to run concurrently.

     Upon the 2nd appellant:       12 years I.H.L. on count one and

                                                     six years I.H.L. on count two the

                                                     sentences to run concurrently.

 


 

 
 

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