[2016] KEHC 5339 (KLR)
The court found no basis to interfere with the sentence imposed by the trial magistrate, noting that the appellant attacked the complainant without provocation and that the pre-sentence report was unfavorable. The appellant's lack of candor in mitigation further weighed against her. The sentence of three years...
Source-derived case information.
- Citation
- [2016] KEHC 5339 (KLR)
- Parties
- Appellant: Teresiah Nculubi; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 65 of 2015
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal dismissed
- Judges
- KW Kiarie
- Legal Topics
- Grievous Harm, Sentencing, Appeal Against Sentence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Teresiah Nculubi
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence of three years imprisonment for grievous harm was excessive or warranted in the circumstances.
Ratio Decidendi
The court found no basis to interfere with the sentence imposed by the trial magistrate, noting that the appellant attacked the complainant without provocation and that the pre-sentence report was unfavorable. The appellant's lack of candor in mitigation further weighed against her. The sentence of three years imprisonment for grievous harm was deemed appropriate in the circumstances, and the appeal against sentence was dismissed.
Court Disposition
appeal dismissed
Orders
- The appeal against sentence is dismissed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CRIMINAL APPEAL NO. 65 OF 2015
TERESIAH NCULUBI.........................................................APPELLANT
VERSUS
REPUBLIC…………………………….……..................RESPONDENT
(From the original conviction and sentence in Criminal Case No.1198 of 2014 of the Chief Magistrate’s Court at Maua by Hon. C.Kemei – Resident Magistrate)
JUDGMENT
The appellant,TERESIAH NCULUBI , was Charged with an Offence of grievous harm contrary to section 234 of the Penal Code.
The particulars of the offence were that on 13th March 2014 at Kiguru location in Igembe South District of Meru County she unlawfully did grievous harm to Joseph Kigo Kamande.
The appellant was tried and was convicted. She was sentenced to serve three years imprisonment. She had appealed against both conviction and sentence but at the time of the hearing she withdrew her appeal against the conviction. She therefore contested the sentence.
The state opposed the appeal and was represented by Mr. Murage, the learned counsel.
I have perused the record of the trial court. I have noted that the appellant attacked the complainant without any provocation whatsoever. The trial magistrate was considering the option of giving her a non custodial sentence but the pre-sentence report was unfavorable. It also occurred that she had lied to the court in her mitigation by claiming her husband was insane. She repeated the same at the time of hearing of this appeal. I do not therefore find any basis to interfere with the sentence meted out by the learned trial magistrate. The appeal against the sentence is dismissed.
DATED at Meru 11 day of May 2016
KIARIE WAWERU KIARIE
JUDGE