Court dismisses appeal by habitual thief, noting prison conditions aid future sentencing and family welfare.

[*322] 1966 March 3

(VASSILIADES, MUNIR, JOSEPHIDES, JJ.)

APPELLATE JURISDICTION

Anastassis Panayi Georghiou alias Mandis,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No.2808).

Criminal Law - Appeal from conviction on several stealing charges - Sentence - Appellant a habitual and incorrigible thief - Knowledge of conditions of life and methods of treatment in Central Prisons - A case demonstrating that such knowledge can be extremely useful to Judges dealing with criminal cases.

Court of Appeal - Social aspect - Observations by Court regarding efforts to try and save an incorrigible thief for his family and for the community.

Judges - Visits to Prison by Judges dealing with criminal cases - Occasional visits to Prison by such Judges earnestly recommended by Court of Appeal.

Appellant appearing in person.

For the Respondents: No appearance.

JUDGMENT

The Judgment of the Court was delivered by:-

VASSILIADES, J.: This is an appeal from a conviction in the District Court of Kyrenia on several stealing-charges, to all of which the appellant pleaded guilty. The appeal was taken on a notice apparently prepared at the instance of the appellant, in the Central Prisons, a few days after his admission there, in consequence of the convictions herein. [*323]

The only ground of appeal in the notice, is the appellant's belated allegation of innocence. But on the record there is also his voluntary statement to a Police Sub-Inspector, where the appellant makes a clean breast of the. several larcenies for which he was convicted. The statement is exhibit 1, at page 5 of the record, produced to the Court by the prosecuting officer, after accused's plea of guilty.

There is obviously no substance whatsoever in this appeal; so we found it unnecessary to call on the respondent. But we would observe that in the light of the Social Investigation reports (exhibit 3(a) and (b) on the record) produced by the Probation Officer at the trial, and in the light of the list of previous convictions, admitted as exhibit 2, this appears to be the case of a habitual and incorrigible thief - (perhaps a medical case too) where all sorts of sentences have been tried in the course of the last nearly twenty years, apparently with no effect on appellant's stealing tendencies. Out of his seventy three convictions, there are several for housebreaking and stealing, in one of which (Νo.61 in the list) he received a sentence of five years imprisonment, with no deterrent or reforming effect whatever.

If this unfortunate man is a medical case, he should now receive treatment as such, accordingly, while serving his present sentence. And if he has the misfortune of being an incorrigible offender, medical evidence to this effect, from a qualified and experienced officer, will, no doubt, help the Court in dealing with him in future. Surely if such a person cannot benefit by institutional treatment, his own safety as well as the safety and protection of the general public, require [*324] that this should, he taken into consideration in passing sentences upon him in the future.

This is one of the cases which demonstrate that knowledge of conditions of life and methods of treatment, in our Central Prison, can be extremely useful to the Judge; and through him, to the community as a whole. This is why occasional visits to the Prison, and constant interest in the social work performed therein, is so earnestly recommended from this Bench whenever occasion arises, to all Judges dealing with criminal cases.

And now, perhaps, a word for this prisoner's family. His wife, whom, according to the Welfare Officer's report, the appellant married while he was in prison, is a young woman of poor health, now in an advanced stage of pregnancy for her second child, having in her present circumstances, the full responsibility of her first child, a little girl, just over a year old. The feeling of insecurity for herself and her child (or children) in such a husband's hands, seems to have undermined her health, physical as well as mental. She obviously needs attention and assistance; sufficient assistance, and constant care, to enable her to gather the courage required to face life in her circumstances.

And it may, moreover, be that her influence, if that of a healthy and stable young mother, together with the paternal instinct and feeling of responsibility for his children on the one hand, and the fear of severe sentences on the other, may eventually prove strong enough, in the hands of a skilful social worker, to help this man out of his difficulties, when back home again after he serves his term. It may help him to stay out, for longer periods, and perhaps [*325] in the long end, save him, both for his family and for the community. It is always worth while trying to recover a man; and in trying, one must use all the means available for achieving the purpose.

A careful examination of exhibit 2 (the list of convictions and sentences) is sufficient to show the haphazard treatment which this difficult and exceptional case has received in the past. We hope that our observations will reach the Authorities concerned, in due course.

The result of this appeal, as we have already indicated, is that it must be dismissed. The sentence to run according to law from today.

Appeal dismissed.

Sentence to run according

to law.