[2022] KEHC 16782 (KLR)
The court declined to revise the applicant's sentence because the applicant, convicted of grievous harm, had reattacked the complainant while on bond and absconded from trial, as evidenced by the probation report. These factors demonstrated that the applicant was unsuitable for a non-custodial sentence. The court...
Source-derived case information.
- Citation
- [2022] KEHC 16782 (KLR)
- Parties
- Applicant: Fred Omondi Malasre; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E085 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- Application for sentence revision declined. Sentence of 4 years imprisonment upheld. File closed.
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Grievous Harm, Non Custodial Sentence, Probation Report
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred Omondi Malasre
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the applicant's sentence of 4 years imprisonment for grievous harm should be revised to a non-custodial sentence.
- 2 Whether the applicant is suitable for a non-custodial sentence in light of the probation report and his conduct during trial.
Ratio Decidendi
The court declined to revise the applicant's sentence because the applicant, convicted of grievous harm, had reattacked the complainant while on bond and absconded from trial, as evidenced by the probation report. These factors demonstrated that the applicant was unsuitable for a non-custodial sentence. The court found no exceptional circumstances to warrant interference with the original sentence of 4 years imprisonment imposed by the trial court. The interests of justice and public safety outweighed the applicant's plea for leniency.
Court Disposition
Application for sentence revision declined. Sentence of 4 years imprisonment upheld. File closed.
Orders
- The application for sentence revision is declined.
- The sentence of 4 years imprisonment remains in force.
Full Case Text
Judgment text and source record
23 paragraphs
Malasre v Republic (Criminal Revision E085 of 2022) [2022] KEHC 16782 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16782 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E085 of 2022
RE Aburili, J
December 20, 2022
Between
Fred Omondi Malasre
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. 36 of 2020 delivered by Hon. J.O. Ong’ondo, Senior Principal Magistrate on 14. 10. 2021)
Ruling
1. On August 8, 2022, this court considered the convict’s application for sentence review and declined vide Cr. Revision E007/2022.
2. I have considered the sentence of 4 years imprisonment imposed on October 14, 2021.
3. The convict has served one year. The Probation report is against his release as he reattacked the complainant when he was on bond pending trial and even absconded until a warrant of arrest was issued.
4. I find the convict who was convicted for grievous harm is unsuitable for non-custodial sentence.
5. I decline to revise his sentence.
6. File closed.
7. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20THDAY OF DECEMBER, 2022R.E. ABURILIJUDGE