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REX
V.
ISAAC OLATUNJI KUGE
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
24TH DAY OF OCTOBER, 1936
2PLR/1936/59 (WACA)
OTHER CITATION(S)
2PLR/1936/59 (WACA)
(1936) III WACA P. 82
LEX (1936) – III WACA P. 82
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BEFORE THEIR LORDSHIPS:
KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
WEBBER, C.J., SIERRA LEONE
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BETWEEN:
REX — Respondent.
AND
ISAAC OLATUNJI KUGE — Appellant
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REPRESENTATION
E. A. Akerele — for Appellant
Ivor Brace — for Crown
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – STEALING:- Appellant convicted on one count for stealing contrary to section 390(6) Criminal Code and on eleven counts for fraudulent false accounting contrary section 498(c) Criminal Code — Conviction and sentencing to the maximum penalty on each count, sentences to run concurrently
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held:
That in absence of previous convictions case not so flagrant as to justify maximum sentences.
Sentences reduced to four years’ imprisonment with hard labour.
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MAIN JUDGMENT
The following judgment was delivered: per 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 there for 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.
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