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Nicos Kyriacou Miliotis v. The Police (1975) JSC 933 KI-generiert

Court dismisses appeal against parking fine, ruling traffic bye-laws and fixed sentencing constitutional.

Geschäftsnummer Nicos Kyriacou Miliotis v. The Police (1975) JSC 933
Gericht / Behörde
Rechtsordnung Zypern (CY)
Entscheiddatum
Ausgang Abgewiesen (Dismissed)
Originalquelle öffnen Maschinenlesbares Markdown (.md)

Legislator-Zusammenfassung

KI-generiert

The Court dismissed the appellant's appeal against a £3 fine for failing to insert a coin in a parking meter. The appellant argued that the relevant Famagusta Municipal Traffic Bye-Laws and the fixed penalty violated constitutional rights regarding public movement and proportionality. The court rejected these claims, holding that regulating public space usage is lawful and that Article 12(3) of the Constitution does not apply to the general mode of assessing sentences in individual cases.

Legislator-Regeste

KI-generiert

Famagusta Municipal (Traffic) Bye-Laws 1953-1972; Article 12(3) of the Constitution: Provisions regulating public place usage and fixed statutory penalties are not unconstitutional as they do not violate the prohibition on disproportionate punishments.

Schlagwörter

KI-generiert
parking meter fine constitutional proportionality traffic bye-laws fixed sentencing public place regulation Parkplatzkontrollgebühr Parkplatzerstellungsersatzabgabe Verwaltungsvergehen

Zitierte Gesetzesbestimmungen

KI-generiert
Article 12(3) of the Constitution
The appellant has argued, too, that the sentence imposed on, him is unconstitutional, as being contrary to Article 12(3) of the Constitution which prohibits providing by law for wa punishment which is disproportionate to the gravity of the offence".

Zitierte Rechtsprechung

KI-generiert
Morphou Gendarmerie Michael, 2 R.S.C.C. 103s
We find no merit whatsoever in this contention; there is nothing unconstitutional in regulating reasonably the right to move in, and to use, public places, in a manner consistent with the rights and needs of others (see, by way of useful comparison, Morphou Gendarmerie Michael, 2 R.S.C.C. 103s and Police v.
Police v. Liveras, 3 RoS.C.Co 65
KI-generiert
CY-AAD-meros_2-1973-rep-1973_2_0116
Supreme Court dismisses appeal against parking fine, upholding bye-laws and rejecting Article 12.3 application to sentencing.
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Volltext

[*933] 1973 June 12

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

APPELLATE JURISDICTION

Nicos Kyriacou Miliotis,

Appellant

v.

The Police,

Respondents.

(Criminal Appeal No. 3445)

Famagusta Municipal (Traffic) Bye-Laws, 1953-1972 - Provision therein for installation of parking meters and obligation to pay fees for parking - Not unconstitutional.

Constitutional Law - Constitutionality of legislation - Provisions of the Famagusta Municipal (Traffic) Bye-Laws, 1953-1972 for installation of parking meters and obligation to pay fees for parking not unconstitutional.

Constitutional Law - Effect of Article 12.3 of the Constitution - Sentence of £J fine for failing to insert prescribed coin in parking meter contrary to the Famagusta Municipal (Traffic) Bye-Laws 1953-1972 not unconstitutional as being contrary to the said Article 12.3.

The Appellant appears in person.

N. Charalambous, Counsel of the Republic, for the Respondents.

JUDGMEMT

The judgment of the Court was delivered by:-

TRIANTAFYLLIDES. P.: The appellant was found guilty of failing to insert the prescribed coin of 25 mils in a parking meter, contrary to the relevant provisions in the Famagusta Municipal (Traffic) Bye-Laws, 1953-1972. He was ordered to pay a fine of £3. [*934]

The appellant has contended in this appeal that to the extent to which the above Bye-Laws make provision for the installation of parking meters, and for the obligation to pay fees for parking because of the existence of such meters, they are unconstitutional. We find no merit whatsoever in this contention; there is nothing unconstitutional in regulating reasonably the right to move in, and to use, public places, in a manner consistent with the rights and needs of others (see, by way of useful comparison, Morphou Gendarmerie Michael, 2 R.S.C.C. 103s and Police v. Liveras. 3 RoS.C.Co 65).

The appellant has argued, too, that the sentence imposed on, him is unconstitutional, as being contrary to Article 12(3) of the Constitution which prohibits providing by law for wa punishment which is disproportionate to the gravity of the offence". Article 12(3) is intended, in our opinion, to exclude the existence of statutory provisions laying down punishments disproportionate to the offences in respect of which they have been prescribed and such Article does not apply at all to the mode of assessing sentence in the light of the circumstances of any individual case.

In the result this appeal fails and is accordingly dismissed.

Appeal dismissed.