The
appellant was sentenced to six (6) years imprisonment of which three (3) years
imprisonment was suspended for five (5) years on the usual conditions of good
behaviour in respect of the attempted murder charge….,.
As
to the sentence, the grounds of appeal were that the appellant was a first
offender, a family man, was provoked ...
The
appellant was sentenced to six (6) years imprisonment of which three (3) years
imprisonment was suspended for five (5) years on the usual conditions of good
behaviour in respect of the attempted murder charge….,.
As
to the sentence, the grounds of appeal were that the appellant was a first
offender, a family man, was provoked and that the sentence was excessive so as
to induce a sense of shock and that a non- custodial sentence would have met
the justice of the case….,.
Coming
to the sentence and borrowing from the authorities cited by the counsel for the
respondent, an effective custodial sentence for this kind of offence in the
region of three (3) years imprisonment is appropriate. However, the counsel for
the respondent conceded that the complainants were also, to some extent, to
blame, hence, a sentence of six (6) years is on the high side. I agree with
that observation. Counsel for the respondent suggested a sentence of three (3)
years with a portion suspended; but be that as it may, an effective prison term
is called for. See S v Bhero & Anor SC73-94 and S v
Bassoppo-Moyo SC12-85….,.
1)
….,.
2)
….,.
3)
The appeal against sentence in respect of Count 1 is allowed to the extent that
the sentence imposed by the court a quo is hereby quashed and substituted
with the following sentence -
3
years imprisonment of which 1 year imprisonment is suspended for 5 years on
condition that the appellant will not within this period commit any offence
involving attempted murder or assault perpetrated on the person of
another for which on conviction appellant is sentenced to imprisonment without
the option of a fine.
