Coleby v The Commissioner of Police

CourtCourt of Appeal (Bahamas)
JudgeJohn, J.A.
Judgment Date09 October 2014
Neutral CitationBS 2014 CA 153
Docket NumberMCCrApp & CAIS No. 236 of 2013
Date09 October 2014

Court of Appeal

John, J.A.; Conteh, J.A.; Adderley, J.A.

MCCrApp & CAIS No. 236 of 2013

The Commissioner of Police

Ms. Terrel Butler, Counsel for appellant.

Ms. Aniska Hanchell, Counsel for respondent.

Criminal Practice and Procedure - Fraud by false pretence — Appeal against sentence — Whether the sentences were unduly severe — Appeal dismissed and sentences affirmed.

John, J.A.

This appellant was convicted of several offences of fraud by false pretenses. The magistrate imposed the sentence of 3 years on the first count. The maximum for that offence is 5 years. She then imposed sentences of 2 years on the other counts with the option to pay a fine.


Mrs. Butler has urged upon this court that the sentences were unduly severe. Regrettably, she has not placed before us any reasons why this court should interfere with the sentences, save and except for saying that his last convictions were 10 years ago and he is 33 years of age.


Whilst his last convictions were 10 years ago, we note with some concern that the last convictions were for similar offences. We do not think that this sentence is unduly severe.

Accordingly, we dismiss the appeal; affirm the sentences imposed by the magistrate.

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