[2017] KEHC 893 (KLR)
The court found that while the offence was serious and warranted a deterrent sentence due to the severity of the injuries and the unprovoked nature of the attack, the sentence of 7 years imprisonment was excessive for a first offender. The court exercised its discretion under section 354(3)(b) of the Criminal...
Source-derived case information.
- Citation
- [2017] KEHC 893 (KLR)
- Parties
- Appellant: Anthony Kimeli Changwony; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kabarnet
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 3 of 2017
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- sentence varied
- Judges
- EM Muriithi
- Legal Topics
- Sentencing Review, Grievous Harm, Assault Bodily Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anthony Kimeli Changwony
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of 7 years imprisonment for grievous harm was excessive for a first offender.
- 2 Whether the circumstances of the offence warranted a deterrent sentence.
Ratio Decidendi
The court found that while the offence was serious and warranted a deterrent sentence due to the severity of the injuries and the unprovoked nature of the attack, the sentence of 7 years imprisonment was excessive for a first offender. The court exercised its discretion under section 354(3)(b) of the Criminal Procedure Code to reduce the sentence to 5 years, considering both the need for deterrence and the mitigating factor of the appellant being a first-time offender.
Court Disposition
sentence varied
Orders
- The sentence of imprisonment is reduced to a term of 5 years from the date of the sentence in the trial court on 17/12/2014.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KABARNET
HC CR REV NO. 3 OF 2017
ANTHONY KIMELI CHANGWONY ………………………………………..APPELLANT
VERSUS
REPUBLIC ……………………………………………………………………RESPONDENT
[Being an Appeal from original conviction and sentence in Eldama Ravine PMC.CR Case No. 1132 of 2014 made on 17/12/2014 by Hon. Kasera, SPM]
JUDGMENT
1. The Appellant was convicted on his own plea of guilty and sentenced to imprisonment for 7 years and 2 years respectively for the offences of grievous harm contrary to section 234 of the Penal Code and assault causing actual bodily harm contrary to section 251 of the Penal Code.
2. The appellant appeals against the sentences and seeks a review of the sentence of 7 years for the offence grievous harm by a petition date stamped 29/8/2015. In accordance with S. 348 of the Criminal Procedure Code the respondent did not append the conviction.
3. The DPP opposed the appeal citing the severity of the injuries as shown in the medical examination P 3 form for the complainant in count 1, that the appellant suffered deep cuts on the head and neck with a total of 19 stitches on the head and was admitted in hospital for 3 days.
4. It was urged that the complainant had no reason to attack the complainants who were unarmed had peacefully gone to seek to secure a mobile phone, and thereafter the attack, the appellant had left the complainant unconscious.
5. I would agree with the DPP that a deterrent sentence is necessary for the offence in this case. I have also considered the serious injuries to the head inflicted by the appellant using a panga. Such an attack could easily have inflicted a fatal injury. It is also significant that the attack was unprovoked and the appellant’s conduct in leaving the complainant unconscious after the attack showed no remorse for his act.
6. However, I consider that the sentence of imprisonment for (7) years is for a first offender, in the circumstances of the case, excessive. I would review the sentence to a prison term for (5) years.
Order
7. Accordingly, pursuant to section 354(3)(b) of the Criminal Procedure Code, the court reduces the sentence of imprisonment to a term of (5) years from the date of the sentence in the trial court on 17/12/2014.
DATED AND DELIVERED THIS 23RD DAY OF NOVEMBER 2017.
EDWARD M. MURIITHI
JUDGE
Appearances: -
Appellant in person
Ms. Macharia, Ass. Director of Public Prosecutions.