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Barbaros Kiani v. The Police (1973) JSC 8 KI-generiert

Appeal dismissed; trial court sufficiently considered appellant's personal circumstances and prior convictions.

Geschäftsnummer Barbaros Kiani v. The Police (1973) JSC 8
Gericht / Behörde
Rechtsordnung Zypern (CY)
Entscheiddatum
Ausgang Abgewiesen (Dismissed)
Originalquelle öffnen Maschinenlesbares Markdown (.md)

Legislator-Zusammenfassung

KI-generiert

The Supreme Court dismissed the appellant's appeal against a driving disqualification and fine for careless driving. The appellant argued the trial court failed to fully consider his financial hardships and family responsibilities during sentencing. The court found the record clearly showed the lower court had already accounted for these personal details and the appellant's history of similar offenses.

Legislator-Regeste

KI-generiert

Section 6 of the Motor Vehicles and Road Traffic Law; An appellate court will dismiss an appeal where the trial court has sufficiently taken into account the appellant's personal circumstances and prior convictions in passing sentence.

Schlagwörter

KI-generiert
careless driving sentencing discretion personal circumstances prior convictions appeal against sentence Motor Vehicles Law disqualification period Strafanpassung

Zitierte Gesetzesbestimmungen

KI-generiert
section 6 of the Motor Vehicles and Road Traffic Law, Cap. 332
P.: The appellant appeals [*9] against the sentence imposed on him by the District Court of Larnaca, after he had been convicted, on his own plea of guilty, of the offence of driving a vehicle without due care and attention, contrary to section 6 of the Motor Vehicles and Road Traffic Law, Cap.
KI-generiert
CY-AAD-meros_2-1969-rep-1969_2_0068
Court increases sentence from 12 to 24 months for repeat thief requiring institutional treatment.
CY-JSC-1971-1971_0584
Appeal against conviction dismissed; sentence not challenged despite self-filing due to appellant's record.
Ποινική Έφεση Αρ.: 227/23
Court of Appeal dismisses appeal against refusal to suspend prison sentences for burglary and drug offenses.
CY-JSC-1967-1967_0701
Court allows appeal against insufficient sentence for causing death by want of precaution, imposing nine months imprisonment.
CY-JSC-1966-1966_1117
Court dismissed appeal against excessive sentence for careless driving, allowing only removal of binding over order.

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Volltext

[*8] 1972 March.9

(TRIANTAFYLLIDES, P., A. LOIZOU, MALACHTOS, JJ.)

APPELLATE JURISDICTION

Barbaros Kiani,

Appellant,

V.

The Police,

Respondents.

(Criminal Appeal No. 3328).

Road Traffic - Careless driving - Sentence – Appeal against sentence on ground of failure to take into account appellant's personal circumstances Dismissed - Trial Court knew of and took into account sufficiently such circumstances.

Careless driving - Sentence - See under “Road Traffic”.

Sentence - Careless driving - See under “Road Traffic”.

A. Dana with S. Hilmi, (Miss), for the Appellant.

No appearance for the Respondents.

JUDGMENT

The judgment of the Court was delivered by: -

TRIANTAEYLLIDES. P.: The appellant appeals [*9] against the sentence imposed on him by the District Court of Larnaca, after he had been convicted, on his own plea of guilty, of the offence of driving a vehicle without due care and attention, contrary to section 6 of the Motor Vehicles and Road Traffic Law, Cap. 332; he was sentenced to pay a fine of £.20 and was disqualified for holding a driving licence for a period of three months.

Learned counsel for the appellant has stated that, as on the occasion in question the appellant was involved in a very serious traffic collision, he does not contend that the sentence appealed from is wrong in principle or manifestly excessive; but he has submitted that the trial Court passed sentence upon the appellant without knowing exactly and fully the personal circumstances of the appellant, because when the appellant appeared without counsel before the trial Court he did not stress sufficiently, in making his plea in mitigation, that he is a married man with six children, the oldest being only 13 years old, and that his sole occupation is not as a labourer at the Limassol port but that he, also, sells fish at various villages, using for the purpose of this trade the vehicle - a van – which he was driving when he committed the offence in respect of which he was sentenced.

In our view it is quite clear, from the record before us, that the trial Court knew of, and took into account sufficiently, the aforesaid personal circumstances of the appellant. In passing sentence the Court stated expressly that the “Accused is a poor labourer who uses his car to sell [*10] fish for the purpose of increasing his income to provide for his wife and six infant children”.

In the light of the foregoing we have no doubt that this appeal has to be dismissed and that the punishment meted out to the appellant by the trial Court should remain unaltered, especially as the appellant has two previous convictions for similar offences - one in 1970 and one in 1971 and it seems that the small fines which he had to pay in respect thereof were not effective in rendering him a careful driver.

Appeal dismissed