[2009] KEHC 1391 (KLR)
The court found that the sentence of four years' imprisonment for grievous harm was lawful and, in fact, lenient given the statutory maximum of life imprisonment. The trial magistrate was within discretion to impose the sentence, and the appellant's mitigation was considered but found insufficient to warrant...
Source-derived case information.
- Citation
- [2009] KEHC 1391 (KLR)
- Parties
- Appellant: Jackson Oduor Otieno; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 105 of 2009
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- SP Ouko
- Legal Topics
- Sentencing Guidelines, Plea of Guilty, Grievous Harm, Appeal on Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Oduor Otieno
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed for grievous harm was excessive or unlawful.
- 2 Whether the trial magistrate gave due consideration to the appellant's mitigation.
Ratio Decidendi
The court found that the sentence of four years' imprisonment for grievous harm was lawful and, in fact, lenient given the statutory maximum of life imprisonment. The trial magistrate was within discretion to impose the sentence, and the appellant's mitigation was considered but found insufficient to warrant interference. The appeal was therefore dismissed as there was no error in principle or excessiveness in the sentence imposed.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The sentence of four years' imprisonment is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
HIGH COURT NAKURU
CRIMINAL APPLICATION 105 OF 2009
JACKSON ODUOR OTIENO……………………………...……APPELLANT
VERSUS
REPUBLIC ………………………………………...…………..RESPONDENT
(From original conviction and sentence Nakuru C.M.CR.C.NO.1829/2009
by Hon. W. Juma, Chief Magistrate, Nakuru)
JUDGMENT
The appellant pleaded guilty to a charge of grievous harm contrary to section 234 of the Penal Code and was sentenced to four (4) years imprisonment.
Section 348 of the Criminal Procedure Code provides that::
“348. No appeal shall be allowed in the case of an accused person who has pleaded guilty and has been convicted on that plea by a subordinate court, except as to the extend or legality of the sentence.”
It is the extent of the sentence that is being challenged in this appeal.
The appellant who was operating a motor bike taxi disagreed with the complainant over a fare of Kshs.30/=. He punched the complainant in the mouth. The latter lost one tooth.
H.C.CR.A.NO.105/09
The appellant’s counsel submitted that the appellant’s mitigation was not given due weight in the sentence. I have looked at the record and it is clear to me that although the appellant stated that he was sorry and promised not to repeat the act, the learned trial magistrate recorded that the appellant was not remorseful.
In term of section 234 of the Penal Code, the sentence of grievous harm is life.
The learned trial magistrate imposed a sentence of four (4) years imprisonment as opposed to any period over the four (4) years including life sentence. That sentence was lawful and in my view lenient as the complainant lost a tooth over Kshs.30/- only. The appeal is dismissed.
DATED and DELIVERED at NAKURU this 25th day of September, 2009.
W. OUKO
JUDGE