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REX
V.
JOSEPH OLAGBAIYE
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
20TH DAY OF OCTOBER, 1936
2PLR/1936/56 (WACA)
OTHER CITATION(S)
2PLR/1936/56 (WACA)
(1936) III WACA P. 167 – 168
LEX (1936) – III WACA PP. 167 – 168
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BEFORE THEIR LORDSHIPS:
DONALD KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST
WEBBER, C.J., SIERRA LEONE
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BETWEEN:
REX – Respondent
AND
JOSEPH OLAGBAIYE – Appellant
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ORIGINATING COURT(S)
APPEAL FROM CONVICTION AND SENTENCE BY SUPREME COURT.
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REPRESENTATION
Appellants in person
Ivor Brace — for Crown
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ISSUE((S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – ILLEGAL COINING AND COUNTERFEITING:- Preparation for coining contra section 148(3)(c) Criminal Code and unlawful possession of counterfeit coin contrary to section 152(3) Criminal Code — Conviction on both counts — Concurrent sentences of four years’ imprisonment with hard labour imposed by Trial Court
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DECISION(S) OF THE WEST AFRICAN COURT OF APPEAL
Held: Sentences enhanced to seven years owing to prevalence of particular crime
MAIN JUDGMENT
The following judgment was delivered:- KINGDON, C.J. NIGERIA
There is no substance in the appeal against conviction and it is dismissed. As to the sentence this Court is of opinion that having regard to the prevalence of this particular crime the sentences passed are inadequate.
The sentences passed at the trial are accordingly quashed, and in substitution therefore the appellant is sentenced to seven years’ imprisonment with hard labour on each count to run concurrently and to date from the 7th July, 1936.
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