[2010] KEHC 1717 (KLR)
The court found that the appellant's plea of guilty was properly recorded and unequivocal, as he confirmed the facts as true and did not repudiate his plea at any stage. The trial magistrate considered the appellant's mitigation before sentencing. The sentence of four years was significantly below the statutory...
Source-derived case information.
- Citation
- [2010] KEHC 1717 (KLR)
- Parties
- Appellant: Danson George; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 289 of 2008
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Plea of Guilty, Sentencing Principles, Stealing Offences, Mitigation, Penal Code Section 275
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Danson George
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the plea of guilty was properly recorded and unequivocal.
- 2 Whether the sentence imposed was harsh or excessive given the circumstances.
- 3 Whether the trial court considered the appellant's mitigation appropriately.
Ratio Decidendi
The court found that the appellant's plea of guilty was properly recorded and unequivocal, as he confirmed the facts as true and did not repudiate his plea at any stage. The trial magistrate considered the appellant's mitigation before sentencing. The sentence of four years was significantly below the statutory maximum of fourteen years for the offence of stealing railway property, reflecting due consideration of the circumstances. The appellate court held that the sentence was neither harsh nor excessive and found no reason to interfere with the conviction or sentence imposed by the lower court.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed in its entirety.
- The conviction and four-year sentence imposed by the lower court are upheld and confirmed.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA Criminal Appeal 289 of 2008
DANSON GEORGE ………....………………………………. APPELLANT
VERSUS
REPUBLIC ………………………………………………… RESPONDENT
******************
JUDGEMENT
The Appellant herein DANSON GEORGE has appealed against his conviction and sentence by HON. J.M. GANDANI, the Senior Resident Magistrate sitting at Voi Law Courts.The Appellant had been charged with the offence of STEALING CONTRARY TO SECTION 275 OF THE PENAL CODE.ON 16th June 2008 the Appellant was arraigned before the court and the charges were read out to him.He pleaded guilty to the charge.The prosecutor INSPECTOR GITHOGE proceeded to read out the facts of the charge in compliance with S. 207(2) of the Criminal Procedure Code.The Appellant maintained his plea of guilty by stating
“Facts are true”
The learned magistrate listened to mitigation from the Appellant and thereafter sentenced him to serve four (4) years in prison.It is clear from the record that the trial magistrate followed the laid down procedure in recording the Appellant’s plea of guilty.The responses which the Appellant gave made it abundantly clear that he understood what the charges he was facing.I have perused the Appellant’s written submissions and I do note that he has not at any point repudiated his plea of guilty.He is basically asking for a more lenient sentence.Firstly the time of appeal is not the point at which one should offer mitigation.The Appellant did offer mitigation at his trial which mitigation the learned trial magistrate gave due consideration before imposing sentence.As pointed out by Mr. Onserio, learned State Counsel S. 279(d) provides
“(d)If the thing stolen is attached to or forms part of a railway ……. The offender is liable to imprisonment for fourteen years”
The maximum sentence provided for is 14 years no doubt because the theft of railway parts serves to greatly inconvenience and endanger public transportation.The learned trial magistrate gave a sentence way below this maximum provided for.The facts (which the Appellant accepted) indicate that he and others were caught red-handed digging up railway cables.The stolen cables and their tools were exhibited in the lower court.In the circumstances I find that the sentence imposed was neither harsh nor excessive and I have no inclination to interfere with the same.This appeal fails in its entirety.I do uphold and confirm both the conviction as well as the four (4) year sentence imposed by the lower court.
Dated and Delivered atMombasathis 25th day of May 2010.
M. ODERO
JUDGE
Read in open court in the presence of:-
Mr. Onserio for State
Appellant in person
M. ODERO
JUDGE
25/05/2010