Appeal against conviction dismissed; sentence not challenged despite self-filing due to appellant's record.
Zypern (CY)
Legislator-Zusammenfassung
KI-generiertThe Supreme Court dismissed the appellant's appeal against his conviction for possessing housebreaking instruments by night. Although the appellant filed the appeal pro se and argued the sentence was excessive, the court noted his severe criminal history and the nature of the offense. Consequently, the court declined to allow him to raise the sentencing issue and upheld the original judgment.
Legislator-Regeste
KI-generiertSection 296(c) of the Criminal Code; An appeal filed by a defendant without counsel against conviction only may permit a sentence challenge if the court deems it warranted, but such discretion is exercised sparingly given the defendant's prior record and the severity of the offense.
Schlagwörter
KI-generiertZitierte Gesetzesbestimmungen
KI-generiertVerwandte Entscheide
KI-generiertVolltext
[*584] 1971 April 29
(TRIANTAFYLLIDES, P. stavrinides, hadjianastassiou, JJ. )
APPELLATE JURISDICTION
Costas Achilieos Pittas,
Appellant,
v.
The Police,
Respondents.
(Criminal Appeal No.3241).
Criminal Procedure - Practice - Appeal - Appeal against conviction only - Court might have allowed appellant to raise question of sentence, if it felt that such sentence called for reduction, in view of the fact that the appellant has filed it on his own and without assistance of counsel.
Appellant appearing in person.
C1. Antoniades, Counsel of the Republic, for the Respondents.
JUDGMENT
The judgment of the Court was delivered by;
TRIANTAFYLLIDES, P.: We find no merit in this appeal. [*585]
The appellant was convicted after he had pleaded guilty to the charge of possessing housebreaking instruments by night, contrary to section 296(c) of the Criminal Code, Cap. 154; moreover, the circumstances of the case, as explained to the trial judge by the prosecution, were such as to duly establish his guilt regarding the said charge.
He has also contended that the sentence imposed on him is excessive: Though this appeal has been made only against conviction, in view of the fact that he has filed it on his own and without the assistance of counsel we might have allowed him to raise in these proceedings the question of the sentence imposed on him if we felt that such sentence called for reduction.
But the appellant's bad past record - (eighty-five previous convictions, most of them for offences of a similar nature) - the nature of the offence and his personal circumstances leave no doubt in our minds that the sentence, though severe, is neither wrong in principle nor so excessive so as to call for our intervention.
In the result this appeal is dismissed. The sentence to run from the date of conviction.
Appeal dismissed.