Legislator Rechtsprechung & Gesetzgebung
Christos Ioannou Kefalos v. The Police. (1972) JSC 397 KI-generiert

Criminal appeal allowed where inconsistent plea in mitigation voids guilty plea conviction requiring retrial.

Geschäftsnummer Christos Ioannou Kefalos v. The Police. (1972) JSC 397
Gericht / Behörde
Rechtsordnung Zypern (CY)
Entscheiddatum
Ausgang Gutgeheissen (Allowed)

Legislator-Zusammenfassung

KI-generiert

The Supreme Court allowed the appellant's appeal and set aside his conviction for obtaining goods by false pretences. The appellant, appearing without counsel, initially pleaded guilty but later made a statement denying the essential intent to defraud during a plea in mitigation. The court held that such inconsistency invalidates the original guilty plea, necessitating a new trial before another judge.

Legislator-Regeste

KI-generiert

Section 298 of the Criminal Code; if a plea in mitigation is inconsistent with a plea of guilty, the conviction based on that plea cannot be sustained and a new trial must be ordered.

Schlagwörter

KI-generiert
inconsistent plea mitigation void guilty plea criminal appeal allowed new trial ordered false pretences offence lack of legal aid intention to defraud Hafterstehungsfähigkeit

Zitierte Gesetzesbestimmungen

KI-generiert
Section 298 of the Criminal Code (Cap. 154)

Zitierte Rechtsprechung

KI-generiert
Attorney-General of the Republic v. Mahmout, 1962 C.L.R. 181
Polykarpou v. The Police (1967) 5 J.S.C. 492
181 and Polykarpou v. The Police (1967) 5 J.S.C. 492 followed.
KI-generiert

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Volltext

[*397] 1972 January 3

(TRIΑΝ ΤΑFYLLIDES, P., STAVRINIDES., MALACHTOS, JJ.)

APPELIATE JURISDICTION

Christos Ioannou Kefalos,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No. 3296).

Criminal Procedure - Plea - Plea of guilty - Plea in mitigation inconsistent with plea of guilty - Appeal against sentence, filed without assistance of counsel, by consent treated as one against conviction - Conviction on the basis of such plea set aside - New trial ordered - Attorney-General of the Republic v. Mahmout, 1962 C.L.R. 181 and Polykarpou v. The Police (1967) 5 J.S.C. 492 followed.

L. Clerides, for the Appellant.

Cl. Antoniades, Counsel of the Republic, for the Respondents.

JUDGMENT

The judgment of the Court was delivered by:-

TRIANTAFYLLIDES, P. :In this case the appellant, who while in prison filed this appeal without the assistance[*398] of counsel, complains that the sentence of three years’ imprisonments which was passed, upon him after he had pleaded guilty to a charge, of obtaining goods by false pretences, contrary to section 298 of the Criminal Code (Cap. 154), is excessive.

When he first appeared before us, again without the assistance of counsel, he made certain statements which appeared to us to raise questions, inter alia, as to the exact circumstances in which he pleaded guilty and as to whether he has had a fair hearing before the trial Court.

As he applied to us for legal aid, stating that he lacked the means to retain counsel on his own, arrangements were made to make available to him such aid.

Counsel for the appellant has raised the point that the plea in mitigation, which was made by the appellant after he had pleaded guilty, was inconsistent with his plea of guilty, inasmuch as the appellant denied the existence of an intention to defraud, which is an essential ingredient of the offence for which he had been brought before the trial Court. Counsel for the respondent did not object to such point being raised and we allowed it to be argued, as the notice of appeal was, as stated, framed by the appellant, while in prison, and without legal assistance.

It is well-established that if the

plea in mitigation is inconsistent with the plea of guilty then the conviction on the basis of the plea of guilty cannot

be sustained and a new trial has to be ordered; see, inter alia, The Attorney- General of the Republic v. Mahmout. 1962 C.L.R. 181; [*399] Polykarpou v. The Police (1967) 5 J.S.C. 492. It is significant to note that in each of these two cases the appellant had the benefit of legal advice when he appeared before the Court below. In the present case the position is much stronger in favour of the appellant because he appeared without counsel before the trial Court; and after the facts had been explained by the prosecution he made a statement which shows that he was in a way denying an intention on his part to defraud. In the circumstances it was the duty of the trial judge to clarify the position before proceeding to impose sentence upon the appellant.

We agree with, and we appreciate, the fair submission of counsel for the respondent that the better course in this case is to quash the conviction and order a new trial.

In the result, therefore, the conviction and the sentence imposed on the appellant are set aside and a retrial is ordered before another judge; the appellant to remain in custody in the meantime.

Appeal allowed;

retrial ordered.