[2000] KECA 389 (KLR)
The Court of Appeal held that the sentence of 5 years imprisonment for manslaughter was not unreasonable or excessive. The appellant's act of severely attacking and setting his pregnant wife on fire was a grave and brutal offence. The court found that intoxication did not excuse or significantly mitigate the...
Source-derived case information.
- Citation
- [2000] KECA 389 (KLR)
- Parties
- Appellant: Berry Alushula Wangaya; Respondent: Republic
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 139 of 2000
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Manslaughter, Sentencing, Mitigating Factors, Intoxication, Domestic Violence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Berry Alushula Wangaya
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 5 years imprisonment for manslaughter was excessive or unreasonable.
- 2 Whether intoxication could mitigate the appellant's culpability for the offence.
Ratio Decidendi
The Court of Appeal held that the sentence of 5 years imprisonment for manslaughter was not unreasonable or excessive. The appellant's act of severely attacking and setting his pregnant wife on fire was a grave and brutal offence. The court found that intoxication did not excuse or significantly mitigate the appellant's culpability. The High Court judge had properly considered all mitigating factors before imposing sentence. Therefore, there was no basis to interfere with the sentence imposed by the trial court.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE COURT OF APPEAL AT NAIROBI (CORAM: GICHERU, AKIWUMI & SHAH, JJ.A.) CRIMINAL APPEAL NO. 139 OF 2000 BETWEEN BERRY ALUSHULA WANGAYA .............................. APPELLANT AND REPUBLIC ............................................................. RESPONDENT
(Appeal from a sentence of the High Court of Kenya at Nairobi (Justice Mbogholi) dated 15th day of July, 1998 in H.C.CR.C NO. 46 OF 1998) **********JUDGMENT OF THE COURT
The present appeal against the sentence of 5 years imposed on the appellant for the offence of manslaughter which he pleaded to, must fail. The appellant severely attacked his pregnant wife and set her ablaze with fire. She must have died most painfully. The fact that the appellant might have been drunk at the time is no excuse at all. In our view, the learned Judge of the High Court, after taking into account all the mitigating factors urged on behalf of the appellant, rightly imposed the not unreasonable sentence of 5 years appealed against. In the result the appeal is dismissed
Dated and delivered at Nairobi this 9th day of November, 2000. J. E. GICHERU...................JUDGE OF APPEALA. M. AKIWUMI...................JUDGE OF APPEALA. B. SHAH...................JUDGE OF APPEAL
I certify that this is
a true copy of the original. DEPUTY REGISTRAR.