[2013] KEHC 1751 (KLR)
The court found that the learned Magistrate failed to adequately consider the appellant's guilty plea and age as mitigating factors when imposing sentence. While the need to discourage the offence of obtaining by false pretenses is important, the sentence must be proportionate and reflect all relevant circumstances....
Source-derived case information.
- Citation
- [2013] KEHC 1751 (KLR)
- Parties
- Appellant: Zephania Njue Nathan; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Criminal Appeal 13 of 2013
- Procedural Posture
- Criminal Appeal / Judgment
- Outcome
- appeal allowed in part; sentence varied
- Legal Topics
- Sentencing Principles, Guilty Plea, Obtaining by False Pretenses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zephania Njue Nathan
Appellant
Republic
Respondent
Procedural Posture
Criminal Appeal / Judgment
Legal Issues
- 1 Whether the sentence imposed was harsh and excessive in light of the appellant's guilty plea and age.
Ratio Decidendi
The court found that the learned Magistrate failed to adequately consider the appellant's guilty plea and age as mitigating factors when imposing sentence. While the need to discourage the offence of obtaining by false pretenses is important, the sentence must be proportionate and reflect all relevant circumstances. The High Court held that a reduction of the custodial sentence was warranted and that the balance of the term should be served on probation, thereby balancing deterrence with rehabilitation and the personal circumstances of the appellant.
Court Disposition
appeal allowed in part; sentence varied
Orders
- The sentence of two years imprisonment is substituted with one year imprisonment.
- The balance of the term shall be served on probation.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT EMBU
CRIMINAL APPEAL NUMBER 13 OF 2013
ZEPHANIA NJUE NATHAN.....................….............……...…………..APPELLANT
VERSUS
REPUBLIC………………………………............……………………..RESPONDENT
(Being an appeal from the original conviction and sentence in Siakago Criminal Case 210 of 2013 by S.M. Mokua S.P.M on 22nd April, 2013)
JUDGMENT
The appellant was convicted on two counts of obtaining money by false pretenses. He was sentenced to 2 years imprisonment on both counts, both sentences to run concurrently. He appeals on the ground that sentence was harsh and excessive as he pleaded guilty. The Magistrate considered that the conduct for which he was accused ought to be discouraged.
In my view, the learned Magistrate ought to have taken into account the fact of the guilty plea and the age of the appellant. In the circumstances, I allow the appeal and substitute it for a sentence of one year imprisonment however the balance of the term shall be served on probation.
Court:
Judgment read and delivered in open court this 17th day of October, 2013
D.A.S MAJANJA
JUDGE
17. 10. 2013
In the presence of
Mr Njogu for state
Appellant
Njue – Court clerk.