[2013] KEHC 6960 (KLR)

[2013] KEHC 6960 (KLR)

The court found that each offence of obtaining money by false pretences was distinct, complete, and committed on different dates against different individuals, thus not forming part of the same transaction. The total fine and default imprisonment imposed were proportionate to the gravity of the offences, especially...

Source-derived case information.

Citation
[2013] KEHC 6960 (KLR)
Parties
Applicant: Gerald Neville Ogunah; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
28 May 2013
Case Number
Miscellaneous Criminal Application 60 of 2011
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence
Outcome
application dismissed
Judges
LA Achode
Legal Topics
Sentencing Revision, Obtaining by False Pretences, Consecutive Sentences, Penal Code Section 313, Criminal Procedure Code Section 362
Source Language
english
Criminal Law Sentencing Revision Obtaining by False Pretences Consecutive Sentences Penal Code Section 313 Criminal Procedure Code Section 362

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Parties

Gerald Neville Ogunah

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Criminal Application / Ruling on Application for Revision of Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the applicant should be revised under Section 362 of the Criminal Procedure Code.
  2. 2 Whether the offences constituted separate transactions justifying consecutive sentences.
  3. 3 Whether the applicant's personal circumstances and remorse warrant a revision of sentence.

Ratio Decidendi

The court found that each offence of obtaining money by false pretences was distinct, complete, and committed on different dates against different individuals, thus not forming part of the same transaction. The total fine and default imprisonment imposed were proportionate to the gravity of the offences, especially as the total sum obtained was substantial and unrecovered. The applicant's personal circumstances, remorse, and reformation were acknowledged but did not outweigh the need for deterrence and the absence of any legal basis for revision under Section 362 of the Criminal Procedure Code. Consequently, no grounds existed to warrant interference with the sentences imposed by the...

Court Disposition

application dismissed

Orders

  • The application for revision of sentence is dismissed in its entirety.