[2004] KEHC 780 (KLR)
The court held that the sentence of 14 years imprisonment was not harsh or excessive given the gravity of the offence, which involved the defilement of a 7-year-old child. The maximum sentence for the offence is life imprisonment, and the appellant was fortunate to receive a lesser sentence. The court found no...
Source-derived case information.
- Citation
- [2004] KEHC 780 (KLR)
- Parties
- Appellant: Benson Omare; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 258 of 2003
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing Principles, Defilement, Mitigation, First Offender, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benson Omare
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 14 years imprisonment for defilement was harsh and excessive in the circumstances.
- 2 Whether the trial magistrate failed to consider the appellant's status as a first offender, his remorse, and his plea of guilty.
Ratio Decidendi
The court held that the sentence of 14 years imprisonment was not harsh or excessive given the gravity of the offence, which involved the defilement of a 7-year-old child. The maximum sentence for the offence is life imprisonment, and the appellant was fortunate to receive a lesser sentence. The court found no reason to interfere with the sentence imposed by the trial magistrate, even after considering the appellant's mitigation as a first offender and his plea of guilty. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
11 paragraphs
IN THE HIGH COURT OF KENYA AT KISII
CRIMINAL APPEAL NO.258 OF 2003
(From original conviction and sentence in Criminal Case No.1979 of 2003 of the
Chief Magistrate’s Court at Kisii –O. OPONDO ESQ., S.R.M)BENSON OMARE …………………………………………………. APPELLANT
VERSUS
REPUBLIC ……………………………………………………… RESPONDENT.
JUDGMENT
The appellant was convicted on his own plea of guilty for the offence of defilement c/s 145(2) Penal Code. He was sentenced to 14 years imprisonment and now appeals against sentence only. In his first ground of Petition he stated that the learned magistrate failed to take into account that he was a first offender and remorseful and that he pleaded guilty and saved courts time. He said sentence of 14 years is harsh for a young man of 18 years. Indeed appellant guilty. It seems that the prosecution did not give his previous records. In his mitigation he pleaded for leniency.
The court noted the offence is serious and awarded 14 years. The offence carries a maximum sentence of life imprisonment. As stated in the facts the appellant defiled a girl of 7 years. 14 years imprisonment is not harsh in the circumstances. He must probably have ruined the life of the innocent child and in this age of AIDS her future hangs on the balance. Appellant was lucky to escape with 14 years. I find no reason to interfere with the sentence. Appeal is therefore dismissed.
KABURU BAUNI JUDGE.
6/7/04