[2022] KEHC 16779 (KLR)
The court found that the applicant was unsuitable for a non-custodial sentence based on the recent probation officer's report, which highlighted the applicant's bad character and lack of family support. The court further held that the sentence imposed by the trial court was extremely lenient given the gravity of the...
Source-derived case information.
- Citation
- [2022] KEHC 16779 (KLR)
- Parties
- Applicant: JOO; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E097 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined; custodial sentence upheld.
- Judges
- RE Aburili
- Legal Topics
- Attempted Murder, Sentencing, Sentence Revision, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
JOO
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant is suitable for a non-custodial sentence in light of the probation officer's report.
- 2 Whether the sentence imposed by the trial court should be revised.
Ratio Decidendi
The court found that the applicant was unsuitable for a non-custodial sentence based on the recent probation officer's report, which highlighted the applicant's bad character and lack of family support. The court further held that the sentence imposed by the trial court was extremely lenient given the gravity of the offence—attempted murder of the applicant's wife in circumstances where her life was endangered. There was no justification to interfere with or revise the sentence. The application for sentence revision was therefore declined, and the custodial sentence was upheld.
Court Disposition
Application for sentence revision declined; custodial sentence upheld.
Orders
- The application for sentence revision is declined.
- The sentence imposed by the trial court is upheld.
Full Case Text
Judgment text and source record
21 paragraphs
JOO v Republic (Criminal Revision E097 of 2022) [2022] KEHC 16779 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16779 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E097 of 2022
RE Aburili, J
December 20, 2022
Between
JOO
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Ukwala PM’s Criminal Case No. E045 of 2022 delivered by Hon. C.I. Agutu, Senior Resident Magistrate on 28. 9.2022)
Ruling
1. The convict JOO was sentenced to serve 3 years imprisonment on September 28, 2022 for the offence of attempted murder. The victim is his wife. The source of the quarrel leading to the offence is that he is HIV positive and wanted to have unprotected sex with his discordant wife but she refused, heeding the doctor’s advice. The victim nearly died as a result of the vicious assault on her.
2. The probation officer filed a report before sentencing disrecommending a non-custodial sentence owing to the bad character of the convict whose family members do not want to see him at home.
3. As the presentence report is very recent, I find the convict unsuitable for non-custodial sentence. I decline to review his sentence as imposed by the trial court which is extremely lenient.
4. File closed.
5. I so order
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R E ABURILIJUDGE