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REX v. BADARU SHANUSI

JELR 83345 (WACA)

West Africa Court of Appeal  •   •  West Africa [For WACA cases]

Coram
Cor. KIngdon, C.J., Carey and Graham Paul, JJ.

Judgement

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 serous 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.

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