REX
V.
GEORGE KITOYE ROBERTS

JELR 81043 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1936-37 3 WACA 10-11
CORAM
Cor. KINGDON and WEBBER, C.JJ., and YATES, J.
Core Terms Beta
appellant
court
charges
conviction
sentence
alternative charges
charge
opinion
restitution
acquittal
addition
appeal
appellant's favour
case
charges of theft
compensation
convictions
court being of opinion
criminal proceedings
date of conviction
factors
first count
grounds
judge
learned judge
months' hard labour
months’ hard labour
months' i.h.l.
mrs. eliza andrews
nigeria
offence
offences
present legal adviser
proceedings
reality
remainder
remainder of the sentence
sentences
separate charge
substance
third charges
variation

 KINGDON, C.J., NIGERIA.

In this case the appellant has appealed against his conviction and has been granted leave by this Court to appeal out of time against his sentence.

The appellant was convicted upon three charges of theft and sentenced to fifteen months' I.H.L. on each count, the sentences to run concurrently. In addition he was sentenced under the first count to pay £15 145. compensation to Mrs. Eliza Andrews. It has been argued before us that each charge is merely a variation of the same offence and the Court should therefore have treated the charges as alternative charges, and therefore it was not competent for the Court to find the appellant guilty on each of the several charges; and that as the Court had wrongly treated each charge as a separate charge the appellant was entitled to be acquitted on all three.

This Court agrees that the charges were alternative charges, but does not agree that the appellant is entitled to acquittal on all three.

The convictions on the second and…

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