[1987] KEHC 77 (KLR)
The court found that the appellant, having admitted the facts and offered no mitigation, was properly sentenced by the trial magistrate. The seriousness of the offence, which resulted in permanent disfigurement of the complainant, justified the three-year imprisonment sentence. The appellate court saw no reason to...
Source-derived case information.
- Citation
- [1987] KEHC 77 (KLR)
- Parties
- Appellant: Kunga; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 146 of 1987
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- ENA Torgbor
- Legal Topics
- Sentencing, Grievous Harm, Mitigation, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kunga
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of three years imprisonment for causing grievous harm was excessive or should be disturbed on appeal.
Ratio Decidendi
The court found that the appellant, having admitted the facts and offered no mitigation, was properly sentenced by the trial magistrate. The seriousness of the offence, which resulted in permanent disfigurement of the complainant, justified the three-year imprisonment sentence. The appellate court saw no reason to interfere with the sentence, as it was within the statutory limits and proportionate to the gravity of the offence. The appeal against sentence was therefore dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 146 OF 1987
KUNGA………,……………….………APPELLANT
V
REPUBLIC……………………………..RESPONDENT
JUDGMENT
This is an appeal against sentence only. The appellant was convicted for causing grievous harm and sentenced to three years imprisonment. The offence carries the maximum punishment of life imprisonment.
The appellant offered no mitigation in the lower court below and admitted the facts in support of the charge to the effect that he was insulting customers in a hotel and a bit off the complainants ear when appellant was being escorted out. I agree with the trial magistrate’s observations that the complainant is disfigured for life.
In the circumstances therefore I will not disburb the sentence and the appeal is dismissed.
July 6, 1987
TORGBOR
JUDGE