[2013] KEHC 1329 (KLR)
The court found that while the offence of grievous harm under Section 234 of the Penal Code carries a maximum sentence of life imprisonment, the sentence imposed must be proportionate to the circumstances of the case. The trial court had imposed a sentence of 20 years, noting the seriousness of the injuries and lack...
Source-derived case information.
- Citation
- [2013] KEHC 1329 (KLR)
- Parties
- Appellant: Stanley Ntarangwi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 186 of 2009
- Procedural Posture
- Criminal Appeal / Appeal Against Sentence
- Outcome
- Sentence reduced on appeal.
- Legal Topics
- Sentencing Principles, Grievous Harm, Penal Code Section 234
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanley Ntarangwi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 20 years imprisonment for grievous harm under Section 234 of the Penal Code was excessive in the circumstances.
Ratio Decidendi
The court found that while the offence of grievous harm under Section 234 of the Penal Code carries a maximum sentence of life imprisonment, the sentence imposed must be proportionate to the circumstances of the case. The trial court had imposed a sentence of 20 years, noting the seriousness of the injuries and lack of remorse. However, the appellate court determined that, in view of the mitigating factors, the sentence was excessive. The court exercised its discretion to reduce the sentence to 14 years imprisonment, effective from the date of conviction, holding that this term was sufficient to meet the ends of justice given the facts and the law.
Court Disposition
Sentence reduced on appeal.
Orders
- The sentence of 20 years imprisonment is set aside and substituted with a sentence of 14 years imprisonment with effect from the date of conviction.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CRIMINAL APPEAL NO. 186 OF 2009
STANLEY NTARANGWI …….……..APPELLANT
VERSUS
REPUBLIC ………………………RESPONDENT
(FROM ORIGINAL CONVICTION AND SENTENCE IN CRIMINAL CASE NO.1995 OF 2004 OF THE PRINCIPAL MAGISTRATE’S COURT AT MAUA)
J U D G M E N T
The appellant STANLEY NTARANGWI was charged with an offence of grievous harm contrary to Section 234 of the Penal Code.
The appellant pleaded not guilty to the charge. That upon hearing the trial court convicted the appellant and sentenced him to serve 20 years imprisonment.
The appellant being aggrieved by the conviction and sentence preferred this appeal. The appellant is seeking his sentence to be reduced on the grounds that the sentence was excessive. During the hearing of the appeal the appellants abandoned his appeal against the conviction and proceeded on with the appeal against the sentence.
Section 234 of the Penal Code provides:-
234. Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life.
Mr. Ongige, learned state counsel opposed the appeal on grounds that the injuries sustained were serious and led to amputation of complainants hand.
The trial court in sentencing the appellant observed that the appellant was not remorseful and noted the complainant’s right hand was amputated. Section 234 of the Penal Code provides a sentence upto life imprisonment. The sentence imposed upon the appellant was 20 years and therefore within the law, however in view of the mitigating factors the sentence imposed in this court’s view is excessive, the same is reduced to 14 years with effect from the date of conviction.
DATED, SIGNED AND DELIVERED AT MERU THIS 28th DAY OF OCTOBER,2013.
J. A. MAKAU
JUDGE
DELIVERED IN OPEN COURT IN THE PRESENCE OF:-
1. Appellant in person
2. Mr. Ongige for the State
J. A. MAKAU
JUDGE