[2013] KEHC 3975 (KLR)
The court found that the sentence of ten years imprisonment for possession of one kilogram of cannabis sativa was harsh and excessive in the circumstances, especially considering the appellant's plea of guilty and the relatively small quantity involved. The court exercised its discretion to reduce the sentence to...
Source-derived case information.
- Citation
- [2013] KEHC 3975 (KLR)
- Parties
- Appellant: Gabriel Mazeras; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 457 of 2010
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal_partially_allowed
- Judges
- GO Shikwe
- Legal Topics
- Narcotic Drugs Possession, Sentencing Principles, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gabriel Mazeras
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of ten years imprisonment for possession of one kilogram of cannabis sativa was harsh and excessive.
- 2 Whether the plea of guilty and previous conviction should affect the sentence imposed.
Ratio Decidendi
The court found that the sentence of ten years imprisonment for possession of one kilogram of cannabis sativa was harsh and excessive in the circumstances, especially considering the appellant's plea of guilty and the relatively small quantity involved. The court exercised its discretion to reduce the sentence to three years imprisonment, holding that the punishment must fit both the crime and the offender, and that mitigation and proportionality are central to sentencing decisions.
Court Disposition
appeal_partially_allowed
Orders
- The imprisonment term of ten years is reduced to three years.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Criminal Appeal 457 of 2010 [if gte mso 9]><xml>
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(From Original Conviction and Sentence in Criminal Case No. 529 of 2010 of the Senior Principal Magistrate’s Court at Voi – Nyakundi L.M. (RM))
GABRIEL MAZERAS ……………………….………….…. APPELLANT
- Versus -
REPUBLIC …………………………………………….… RESPONDENT
JUDGMENT
The Appellant was convicted and sentenced to ten years imprisonment for the offence of being found in possession of Narcotic Drugs contrary to Section 3(1) as read with Section 3(2) (a) of the Narcotic Drugs and Psychotropic Substances Control Act No. 4 of 1994.
The particulars are that on the 9th day of July 2010 at Sikujua area in Voi District he was found in possession of Narcotic Drugs namely one (1)kg of cannabis sativa with a street value of Kshs. 1,200/-.
It is instructive to note that the accused person pleaded guilty to the charge and he did not waste precious Judicial time. He had (according to the prosecution) previously been convicted on a similar charge and sentenced to a fine of Kshs. 10,000/- in default 3 months imprisonment.
I do find however, the imprisonment term of ten years for being in possession of one (1)kg of cannabis sativa harsh and excessive. The imprisonment term of ten years is reduced to three years. To that extent only does the appeal succeed.
Judgement read and delivered in open Court this 11th day of April, 2013.
M. MUYA
JUDGE
In the presence of:-
Mr. Gioche for State
Accused - present
Court clerk – Mr. Philip
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