[2013] KEHC 1482 (KLR)
The court found that the appellant, being a first offender and having already served two years in custody, had received sufficient punishment for the offences of possession of cannabis sativa and assault causing actual bodily harm. The court exercised its discretion to reduce the sentence to the period already...
Source-derived case information.
- Citation
- [2013] KEHC 1482 (KLR)
- Parties
- Appellant: David Murimi Ngari; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 110 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- Appeal on sentence allowed; sentence reduced to period already served.
- Judges
- BN Olao
- Legal Topics
- Sentencing Principles, Possession of Narcotics, Assault Causing Actual Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Murimi Ngari
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed on the appellant for possession of cannabis sativa and assault causing actual bodily harm was excessive and should be reduced.
- 2 Whether the period already served in custody constituted sufficient punishment for the offences committed.
Ratio Decidendi
The court found that the appellant, being a first offender and having already served two years in custody, had received sufficient punishment for the offences of possession of cannabis sativa and assault causing actual bodily harm. The court exercised its discretion to reduce the sentence to the period already served, noting that an option of a fine could have sufficed and that the ends of justice would be met by the appellant's immediate release unless otherwise lawfully held.
Court Disposition
Appeal on sentence allowed; sentence reduced to period already served.
Orders
- The appeal on sentence is allowed.
- The sentence is reduced to the period already served.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
CRIMINAL APPEAL NO. 110 OF 2013
DAVID MURIMI NGARI ................................................................ APPELLANT
VERSUS
REPUBLIC ................................................................................RESPONDENT
(APPEAL ARISING FROM THE JUDGMENT OF THE PRINCIPAL MAGISTRATE’S COURT AT GICHUGU BY T.M. MWANGI – CRIMINAL CASE NO. 510 OF 2011 ON 1ST MARCH, 2012)
JUDGMENT
The appellant was convicted on the following two counts.
Possession of Cannabis Sativa contrary to Section 3 (1) as read with Section 2 (a) of the Narcotic Drugs and Psychotropic Substance Control Act of 1994.
Assault causing actual bodily harm contrary to Section 251 of the Penal Code.
He has appealed to this Court against the conviction and sentence but abandoned the appeal on conviction but argues me to re-consider the sentence. He was sentenced to a prison term of five (5) years on the 1st count and 6 months on the 2nd count both to run concurrently.
The appellant was a first offender and had five stones (rolls) of Cannabis Sativa. The injury inflicted on the complainant was harm. An option of a fine could have met the ends of justice. He was in custody all through his trial which commenced on 5th September 2011 and ended on 26th March 2012. He has therefore been in custody for two (2) years. That, in my view, is sufficient punishment for the offence. I accordingly allow the appeal on sentence and reduce it to the period already served. He is therefore to be released unless otherwise lawfully held.
B.N. OLAO
JUDGE
16TH OCTOBER, 2013
Judgment delivered in open Court this 16th day of October 2013.
Ms Kambanga State Counsel present
Appellant present
Mr. Muriithi Court clerk present.
B.N. OLAO
JUDGE
16TH OCTOBER, 2013