[2019] KEHC 3464 (KLR)
The court found that although the original sentence of seven months imprisonment for assault causing actual bodily harm was lawful and not excessive, the applicant's remorse, family circumstances, and the probation officer's report justified a revision of the sentence. The court exercised its discretion to...
Source-derived case information.
- Citation
- [2019] KEHC 3464 (KLR)
- Parties
- Appellant: David Onyango Aluoch; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 32 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Sentence revised; custodial sentence substituted with community service order.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Assault Causing Actual Bodily Harm, Community Service Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Onyango Aluoch
Appellant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for assault causing actual bodily harm should be revised.
- 2 Whether the applicant is eligible for a community service order in lieu of imprisonment.
Ratio Decidendi
The court found that although the original sentence of seven months imprisonment for assault causing actual bodily harm was lawful and not excessive, the applicant's remorse, family circumstances, and the probation officer's report justified a revision of the sentence. The court exercised its discretion to substitute the custodial sentence with a community service order, determining that the applicant could benefit the community more by serving unpaid work at Bondo Law Courts under supervision, rather than remaining in prison.
Court Disposition
Sentence revised; custodial sentence substituted with community service order.
Orders
- The applicant, David Onyango Aluoch, shall serve community service at Bondo Law Courts for a period of three months from the date of his release from prison.
- The applicant shall be supervised by the Executive Officer, Bondo Law Courts, and attendance shall be verified by the Senior Resident Magistrate.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL REVISION NO. 32 OF 2019
(CORAM: R.E. ABURILI – J.)
DAVID ONYANGO ALUOCH............................APPELLANT
VERSUS
REPUBLIC......................................................RESPONDENT
(Being an Appeal against sentence and conviction in PMCRC
( S.O.) No. 384 of 2019 dated 3. 9.2019 Before Hon. E. Wasike – S.R.M.)
COURT RULING
1. I have considered the application for sentence revision. I have also considered the circumstances under which the offence was committed, and the sentence review report filed on 22. 7. 2019 by the Siaya Probation Officer, Mr. John Oyieko.
2. The Applicant was sentenced to serve 7 months imprisonment for the offence of assault causing actual bodily harm.
3. He is now remorseful and promises not to repeat the offence. He is married with four children who depend on him for a livelihood. He is a boda boda rider.
4. Having considered the plea by the Applicant/Convict who is seeking a short sentence in prison, I exercise discretion and revise the prison term imposed on the Applicant which is lawful and not excessive but that the Applicant can benefit the community by serving Community Service.
5. I order the Applicant/Convict David Onyango to serve Community Service at Bondo Law Courts for a period of three months from the date of his release from prison. He shall be directly supervised by the Executive Officer, Bondo Law Courts who shall ensure that the Applicant reports to perform unpaid work at the Bondo Law Courts and signs in the attendance register to be verified by the Senior Resident Magistrate.
6. Orders Accordingly.
Signed and Delivered at Siaya This 16th Day of SEPTEMBER, 2019.
R.E. ABURILI
JUDGE