SANDEEP PRAVIN BHAI PATEL vs REPUBLIC [2002] KEHC 46 (KLR) | Sentencing Principles | Esheria

SANDEEP PRAVIN BHAI PATEL vs REPUBLIC [2002] KEHC 46 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

CRIMINAL DIVISION

CRIMINAL APPEAL NO.673 OF 2001

(From Original Conviction and Sentence in Criminal Case No.11108 of

2001 of the Senior Principal Magistrate’s Court at Makadara)SANDEEP PRAVIN BHAI PATEL.……………….…APPELLANTVERSUSREPUBLIC………………………………………………RESPONDENTJ U D G M E N T

Criminal appeal Nos. 673 of 2001 and 6 of 2002 are consolidated. The appellant was convicted on each of the three counts on his own plus of guilty.

The appeal is only against the sentences passed.

The maximum sentence for the offences on the 1st and 2nd counts is three years imprisonment. They the sentence of 5 years imprisonment passed on the 2nd count is unlawful.

In reducing the sentences I note the appellant’s pleas of guilty. Further that he had no previous conviction.

I reduce the sentence on each of the three counts to two years imprisonment to run concurrently.Dated and delivered at Nairobi this 13th day of February, 2002. V.V. PATELJUDGE