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REX
V.
SALAMI ADEBESIN AND ANOTHER
WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
16TH DAY OF OCTOBER, 1940
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LEX (1940) – VI WACA P. 197
OTHER CITATION(S)
2PLR/1940/71 (WACA)
(1940) VI WACA P. 197
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BEFORE THEIR LORDSHIPS:
KINGDON, C.J., NIGERIA
PETRIDES, C.J., GOLD COAST (GHANA)
GRAHAM PAUL, C.J., SIERRA LEONE
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BETWEEN:
REX — Respondent
AND
1. SALAMI ADEBESIN
2. TIJANI KEREDE — Appellants
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REPRESENTATION:
Appellants in person
Reece — for Crown
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE – PROOF OF CRIME:- Burglary contrary to section 411(1) of the Criminal Code and Stealing contrary to section 390(4)(b) of the Criminal Code and Robbery contrary to section 402 of the Criminal Code — Appeal arising thereof—When may result in increase of sentences given by trial court
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MAIN JUDGMENT
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 I.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 Founding 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 I.H.L. on count two the sentences to run concurrently.