Rex V. Badaru Shanusi (1938)

LawGlobal Hub Judgment Report – West African Court of Appeal

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 Appeal more serious offence (with which he was not charged) the sentence ie from reduced.conviction

by High

There is no need to set out the facts.Court.

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.