[2019] KEHC 4756 (KLR)
The court found that the sentence of three years imprisonment for the offence of shop breaking and committing a felony was both lawful and lenient. The applicant did not plead guilty and subjected the court and complainants to a full trial, which the court considered in declining to revise the sentence. The court...
Source-derived case information.
- Citation
- [2019] KEHC 4756 (KLR)
- Parties
- Applicant: Lingatone David Auto; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 35 of 2019
- Procedural Posture
- Criminal Revision / Ruling on Application for Revision of Sentence
- Outcome
- application for revision of sentence dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Shop Breaking, Felony Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lingatone David Auto
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Revision of Sentence
Legal Issues
- 1 Whether the sentence of three years imposed for shop breaking and committing a felony was excessive or warranted revision.
- 2 Whether the applicant's mitigation and the probation officer's report justified a reduction or alteration of the sentence.
Ratio Decidendi
The court found that the sentence of three years imprisonment for the offence of shop breaking and committing a felony was both lawful and lenient. The applicant did not plead guilty and subjected the court and complainants to a full trial, which the court considered in declining to revise the sentence. The court was not persuaded by the mitigation or the probation officer's report to interfere with the sentence, holding that there was no basis for revision as the sentence was neither illegal nor excessive.
Court Disposition
application for revision of sentence dismissed
Orders
- Application for revision of sentence is dismissed.
- Applicants/Convicts to serve full sentence subject to remission qualification.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
CRIMINAL REVISION NO. 35 OF 2019
(CORAM: HON. R.E. ABURILI - J)
LINGATONE DAVID AUTO.......................APPLICANT
VERSUS
REPUBLIC................................................RESPONDENT
(An Application seeking Revision of Sentence from Judgment delivered at Bondo Law Court on 21/2/2019 vide Criminal Case 1066 of 2018 before Hon. E.N. Wasike, SRM)
RULING
1. I have considered the application for sentence revision and the grounds thereof. I have also considered the Probation Officer’s Report filed on 23/7/2019.
2. I have taken into consideration the fact that the convict did not plead guilty to the offences charged and took the court and the complainants through the motions of a long hearing for the offence of shop breaking and committing a felony.
3. Despite the mitigations now being placed before the court, I am not satisfied that the Applicants deserve sentence revision as the sentence of three years meted out was very lenient and lawful. I decline the applications for revision of sentence and dismiss the same.
4. Applicants/Convicts to serve full sentence subject to remission qualification.
Orders accordingly.
Dated, signed and Delivered at Siaya, this 29th Day of July 2019.
R.E. ABURILI
JUDGE