Rex V. Obenu Jhunu & Anor (1943)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law—Burglary and Stealing—inadequacy of sentences.

Appellants were members of an unarmed gang of eight men who burgled a house by force. They were sentenced to 3 years’ I.H.L. each.

Held: Sentence inadequate. Sentences increased to 5 years’ I.H.L.

The facts are sufficiently set out in the judgment. S. A. Mckinstry for Crown.

Appellants in person.

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 appellants were convicted in the High Court of the Ibadan Division in a trial held at Abeokuta of Burglary and Stealing and sentenced each to three years’ I.H.L.

The facts proved were that the two appellants were part of a gang of eight men who descended by night upon the house of one Ogunbiyi and burgled his house by force.

We are of opinion that the public must be protected against burglary of this nature carried out by gangs by the imposition of penalties more severe than the three years’ I.H.L. awarded in this case, even though in this case there is no evidence that either of the accused or any other members of the gang were armed. If there had been such evidence, a punishment even more severe than that which we are about to impose would have been called for.

In the case of each appellant the sentence passed at the trial is quashed and in substitution therefor each appellant is sentenced to five years’ I.H.L.