Rex V. Salami Adebesin & Anor (1940)

LawGlobal Hub Judgment Report – West African Court of Appeal

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.

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 were each convicted on two 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 T.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 Court 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 T.H.L. on count two the sentences to run concurrently.