[2018] KEHC 2253 (KLR)
The court found that there was no material on record to warrant a revision of the sentence imposed on the applicant. The sentence of 1 year and six months imprisonment for possession of uncustomed goods was not deemed excessive. Furthermore, the applicant failed to provide any mitigating circumstances that would...
Source-derived case information.
- Citation
- [2018] KEHC 2253 (KLR)
- Parties
- Applicant: Vincent Ouma Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision 140 of 2018
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- application dismissed
- Judges
- RE Aburili
- Legal Topics
- Sentencing, Possession of Uncustomed Goods, Sentence Revision, Mitigating Circumstances
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Vincent Ouma Onyango
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the sentence of 1 year and six months imprisonment for possession of uncustomed goods was excessive.
- 2 Whether there were mitigating circumstances to warrant revision of the sentence.
Ratio Decidendi
The court found that there was no material on record to warrant a revision of the sentence imposed on the applicant. The sentence of 1 year and six months imprisonment for possession of uncustomed goods was not deemed excessive. Furthermore, the applicant failed to provide any mitigating circumstances that would justify a reduction or alteration of the sentence, nor was there any basis to call for a Probation Officer’s report. As a result, the application for revision was rejected and dismissed.
Court Disposition
application dismissed
Orders
- The request for revision of sentence is rejected and dismissed.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
HC. CR. REV. NO. 140 OF 2018
(CORAM: R. E. ABURILI - J.)
VINCENT OUMA ONYANGO.................APPLICANT
VERSUS
REPUBLIC..............................................RESPONDENT
(Being an appeal against the sentence dated 19. 4.2018 in Criminal Case No. 403 of 2017 in Ukwala Law Court before Hon. G. Adhiambo - SRM)
RULING OF THE COURT
Having perused this file, I find no material on record to warrant revision of sentence imposed on the convict 1 year and six months imprisonment for being found in possession of uncustomed goods is not excessive. The Applicant has not given any mitigating circumstances to warrant revision of sentence or to call for Probation Officer’s report.
The request is rejected and dismissed.
Dated, Signed and Delivered at SIAYA this 31ST day of August 2018.
R.E. ABURILI
JUDGE