[1987] KEHC 68 (KLR)
The court found that while the assault was unprovoked and resulted in harm to the complainant, the mitigation presented by the appellant's counsel was sincere and warranted consideration. Taking into account all the circumstances of the case, the judge exercised discretion to alter the sentence imposed by the lower...
Source-derived case information.
- Citation
- [1987] KEHC 68 (KLR)
- Parties
- Appellant: Musau; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 202 of 1987
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- sentence_varied
- Judges
- ENA Torgbor
- Legal Topics
- Sentencing, Assault, Bodily Harm
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musau
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed by the trial court was appropriate in light of the circumstances of the assault.
- 2 Whether the appellant's mitigation warranted a reduction in sentence.
Ratio Decidendi
The court found that while the assault was unprovoked and resulted in harm to the complainant, the mitigation presented by the appellant's counsel was sincere and warranted consideration. Taking into account all the circumstances of the case, the judge exercised discretion to alter the sentence imposed by the lower court. The original sentence was set aside and substituted with a term of imprisonment for six months and three strokes of the cane, reflecting both the seriousness of the offence and the mitigating factors presented.
Court Disposition
sentence_varied
Orders
- The sentence of the lower court is set aside.
- The appellant is sentenced to six months imprisonment and three strokes of the cane.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CRIMINAL APPEAL NO 202 OF 1987
MUSAU………,……………….………APPELLANT
V
REPUBLIC…………………………………..RESPONDENT
JUDGMENT
This is an appeal against sentence only. The attack on the victim was totally unprovoked as the complainant, a female, was assaulted by the appellant on her was from church. She lost one tooth and two became loose. The type of injury sustained by the complainant was descuted by the doctor as “harm”.
Having heard the mitigation urged by the appellant’s counsel and noting the sincerity with which his counsel urged reduction in sentence and bearing in mind all the circumstances as the case I am persuaded to alter the sentence of the court below which sentence is set aside and substituted by a period of imprisonment for 6 months and three strokes of the cane.
Order accordingly.
July 7, 1987
TORGBOR
JUDGE