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Costas Kyriacou Patsalos v. The Police (1985) JSC 1 AI generated

Supreme Court reduces excessive fine for malicious shrub damage from C£200 to C£25 due to first offender status.

Case Number Costas Kyriacou Patsalos v. The Police (1985) JSC 1
Court / Authority
Jurisdiction Cyprus (CY)
Decision Date
Outcome Partially Allowed
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Legislator summary

AI generated

The Supreme Court allowed the appellant's appeal regarding the excessive sentence but upheld the conviction for malicious damage to a shrub. Although the appellant overstepped authorized limits by cutting more branches than permitted, the court noted his status as a first offender and the complainant's partial authorization. Consequently, the fine was reduced from C£200 to C£25, establishing that sentencing must account for individual circumstances without diminishing the offense's seriousness.

Legislator headnote

AI generated

Section 324(2) of the Criminal Code; Sentencing must consider individual circumstances including first offender status and partial authorization, allowing reduction of excessive fines while maintaining conviction validity.

Keywords

AI generated
malicious damage shrub excessive fine reduction first offender status authorized cutting limits Criminal Code section 324 supreme court appeal sentencing discretion

Cited Legislation

AI generated
Section 324(2) of the Criminal Code, Cap. 154
:- The appellant in this case was found guilty of having caused malicious damages to a bougainvillaea shrub in the adjoining to his house yard of the complainant, contrary to section 324(2) of the Criminal Code, Cap. 154.
AI generated
CY-JSC-1970-1970_0327
Supreme Court reduces sentence for two young sailors who stole a boat and sank it due to drink.
CY-JSC-1972-1972_0548
Criminal appeal dismissed; sentence for assault not manifestly excessive despite complainants' alleged fault.
CY-AAD-meros_2-1971-rep-1971_2_0194
Court dismisses appeal against conviction for public insult and fine, noting outdated maximum fine limits.
CY-JSC-1966-1966_1117
Court dismissed appeal against excessive sentence for careless driving, allowing only removal of binding over order.
CY-AAD-meros_2-1967-rep-1967_2_0154
Supreme Court dismisses appeal against conviction for stealing carobs and rejects claim of excessive sentence.

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Full text

[*1] 1984 June 25

(TRIANTAFYLLIDES, P., L. LOIZOU, LORIS, JJ. )

APPELLATE JURISDICTION

Costas Kyriacou Patsalos,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No.4531).

Criminal Law - Sentence - Causing malicious damages to a shrub - Section 324(2) of the Criminal Code, Cap.154 - Fine of C£200 - Excessive in the circumstances of this case - Reduced to C£25.

E. Erotocritou, for the Appellant.

A.M. Angelides, Senior. Counsel of the Republic, for the Respondents.

JUDGMENT

The judgment of the Court was delivered by:-

TRIANTAFYLLIDES.

P. :- The appellant in this case was found guilty of having caused malicious damages to a bougainvillaea shrub in the adjoining to his house yard of the complainant, contrary to section 324(2) of the Criminal Code, Cap. 154.

Counsel for the appellant commenced his appeal by attempting to argue that the conviction of the appellant should not be sustained but in the end - very wisely in our view - he limited this appeal to that part of it which relates to the sentence of a fine of C£200.- which was imposed on the appellant. [*2]

Counsel for the respondents, very fairly indeed, has stated that the said sentence is, in the circumstances of this particular case, excessive.

In determining this appeal we have to hear in mind that the complainant herself authorized the appellant to cut those branches of the shrub in question which interfered with his property and caused a nuisance to him. It seems, however, that the appellant overstepped the limits of his authorization and by cutting off more than was permitted he ended up by committing an offence contrary to section 324(2) of Cap. 154. Thus, unfortunately, the appellant behaved in a manner which could have caused a breach of the peace.

Having weighed everything, including the fact that the appellant is a first offender, we have decided that we should reduce the fine to be paid by the appellant to C£25, but by adopting this course we should not be understood as indicating that causing malicious damage to trees or shrubs, contrary to section 324(2) of Cap, 154, should not be regarded as a serious offence; each case, however, has to be examined in the light of its own special circumstance.

In the result this appeal is allowed as stated in this judgment.

Appeal allowed.