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|Case Number:||Criminal Appeal 8 of 1981|
|Parties:||Oyoko v Republic|
|Date Delivered:||06 Dec 1982|
|Court:||Court of Appeal at Kisumu|
|Judge(s):||Eric John Ewen Law, Alan Robin Winston Hancox, Kenneth D Potter|
|Citation:||Oyoko v Republic eKLR|
Oyoko v Republic
Court of Appeal, at Kisumu
December 6, 1982
Law, Potter JJA & Hancox Ag JA
Criminal Appeal No 8 of 1981
Criminal law - burglary, stealing, forgery, uttering false doc uments, obtaining goods by false pretences - cheque book stolen in a burglary - accused identified as person using the stolen cheques to obtain goods - accused convicted - accused’s appeal to High Court summarily dismissed - second appeal to the Court of A ppeal.
Criminal Practice and Procedure - appeal - first appeal against conviction to the High Court dismissed summarily - second appeal - whether accused’s conviction proper - wheth er any points of law raised for consideration in second appeal - matters with which the court is concerned in a second appeal.
Soon after a cheque book was stolen in a burglary, the stolen cheques were used to obtain goods from traders. The person using the cheques was identified in court by two witnesses as being the appellant. In addition, a Government Document Examiner certified that the signature on some of the cheques was in the appellant’s handwriting. The appellant was convicted by a magistrate’s court of burglary and stealing and of seventeen counts of forgery, uttering false documents, obtaining goods by false pretences and other offences. His appeal to the High Court was summarily dismissed and he appealed to the Court of Appeal. Held:
1. The judgment of the learned magistrate was well reasoned and convincing and left no doubt that the appellant was properly convicted.
2. No points of law fit for consideration on a second appeal were raised.
3. The court is not concerned with the severity of the sentence in a second appeal.
4. In any case, the total sentence and punishment seemed reasonable.
No case referred to. Statutes
No statute referred to.
|Case Outcome:||Appeal dismissed.|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
IN THE COURT OF APPEAL
(CORAM:LAW, POTTER JJA & HANCOX AG JA)
CRIMINAL APPEAL NO 8 OF 1981
There are no merits in this second appeal. A cheque book was stolen in the course of a burglary on December 4, 1976. Soon afterwards a man started using the stolen cheques to obtain goods from traders. That man was identified in court by two witnesses and his signature on some of the cheques has been certified to be in his handwriting in the opinion of a Government Document Examiner.
The appellant was convicted of burglary and stealing and of seventeen counts of forgery, uttering false documents, obtaining goods by false pretences and other cognate offences, by a Resident Magistrate at Kisumu, Mr Omolo. He was acquitted on four counts. His appeal to the High Court was summarily rejected.
We have found Mr Omolo’s judgment to be a well-reasoned and convincing piece of work. It leaves us with no doubt that the appellant was properly convicted. No points of law fit for consideration on a second appeal have been raised. We are not concerned with severity of sentence on a second appeal, but in any event the total effective sentence of four years imprisonment and four strokes of corporal punishment seems reasonable. We order that this appeal be dismissed.
Dated and delivered at Kisumu this 6th day of December 1982
JUDGE OF APPEAL
JUDGE OF APPEAL
AG JUDGE OF APPEAL