[2020] KEHC 1312 (KLR)
The court found that the sentence of three years imprisonment for the offence of grievous harm was lawful and, in fact, lenient considering the seriousness of the injuries sustained by the victim, which included fractures. The applicant's plea of guilty was unequivocal and properly entered. There was no legal or...
Source-derived case information.
- Citation
- [2020] KEHC 1312 (KLR)
- Parties
- Applicant: George Otieno Ogolo alias Oiro; Respondent: State
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision EO13 of 2020
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Otieno Ogolo alias Oiro
Applicant
State
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence of three years imprisonment for the offence of grievous harm was excessive or required revision.
- 2 Whether the applicant's plea of guilty affected the appropriateness of the sentence.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of grievous harm was lawful and, in fact, lenient considering the seriousness of the injuries sustained by the victim, which included fractures. The applicant's plea of guilty was unequivocal and properly entered. There was no legal or factual basis to interfere with the sentence imposed by the trial court. Consequently, the application for sentence revision was dismissed as devoid of merit.
Court Disposition
application dismissed
Orders
- The application for sentence revision is dismissed.
- File closed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION E.O. 13 OF 2020
GEORGE OTIENO OGOLO ALIAS OIRO.........APPLICANT
VERSUS
STATE....................................................................RESPONDENT
(Being an application for revision of sentence in Bondo PM Criminal Case No. 572 of 2019 dated 20. 8.2019 before Hon. E.N. Wasike - SRM )
RULING
1. The Convict George Otieno Ogolois serving 3 years imprisonment for the offence of grievous harm. He pleaded guilty. He now seeks sentence revision.
2. I have considered the application and the injuries sustained by the victim which were serious involving fractures. Punishment for grievous harm is up to life imprisonment. Three (3) years imprisonment is lawful and too lenient. I find no reason to interfere. The plea was unequivocal.
3. The application for sentence Revision is found to be devoid of merit. The same is hereby dismissed.
4. File closed.
5. Orders accordingly
Dated, Signed and Delivered at Siaya This 16th day of November, 2020
R.E. ABURILI
JUDGE