PMK v Republic (Criminal Appeal 193 of 2017) [2023] KEHC 19832 (KLR) (6 July 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 19832
- Citation
- [2023] KEHC 19832 (KLR)
- Decided
- 6 July 2023
Summary at a glance
TypeCriminal AppealPostureAppeal from a conviction and sentence for attempted rapeCoramCM KARIUKI, KLR Odunga
The court will not include the time spent in remand and will not reduce the sentence.
Facts
The appellant was convicted and sentenced to 20 years imprisonment for attempted rape by a subordinate court. He appealed but withdrew the appeal and instead sought a sentence review. He is now seeking to include the time spent in remand and reduce his sentence.
Issues
- Whether the appellant has established a case for revision
- Whether the court should include the time spent in remand and reduce the sentence
Reasoning
The court will not include the time spent in remand as it was not part of the proceedings and the appellant did not appeal this aspect. The court will not reduce the sentence as it would prejudice the accused person.
Outcome
The court will not include the time spent in remand and will not reduce the sentence.
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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