Court increases sentence for unlicensed wireless telegraphy dealing due to state revenue impact.
Chypre (CY)
Synthèse Legislator
Généré par l'IAThe Supreme Court allowed the Attorney-General's appeal against a binding over sentence for unlicensed dealing in radio and television sets. The respondent admitted guilt for offenses committed between October and November 1970, arguing the original penalty was insufficient. The court determined the quantity of apparatus was non-negligible and emphasized that such crimes adversely affect state revenue, thereby deeming the original sentence manifestly inadequate and imposing a fine of £25 or one month's imprisonment.
Regeste Legislator
Généré par l'IASection 5(1) of the Wireless Telegraphy Law, Cap. 307; Offences involving wireless telegraphy apparatus without a licence must be treated seriously due to potential adverse repercussions on state revenue, rendering a binding over sentence inadequate and warranting a fine or imprisonment.
Mots-clés
Généré par l'IADispositions légales citées
Généré par l'IADécisions connexes
Généré par l'IATexte complet
[*480] 1971 October 22
(TRIANTAFYLLIDES, P., HADJIANASTASSIOU,
A. LOIZOU, JJ.) APPELLATE JURISDICTION
The Attorney-General of the Republic,
Appellant,
v.
Andreas Hjipanteli,
Respondent.
(Criminal Appeal No.3281).
Criminal Law - Sentence - Attorney-General's Appeal against insufficiency of sentence imposed for dealing in wireless telegraphy apparatus - Section 5(1) of the Wireless Telegraphy Law, Cap. 307 - Serious view should be taken of such offences which may, have directly or indirectly, adverse repercussions on the revenue of the State - Sentence held inadequate - Increased.
A. Frangos, Senior Counsel of the Republic, for the Appellant.
L. Clerides, for the Respondent.
JUDGMENT
The judgment of the Court was delivered by:-
TRIANTAFYLLIDES, P.: This is an appeal against [*481] sentence filed by the Attorney-General of the Republic in relation to the punishment imposed on the respondent after he had pleaded guilty to the offence of dealing in wireless telegraphy apparatus, viz. radio sets and television sets, without a licence, contrary to section 5(1) of the Wireless Telegraphy Law, cap. 307, during the period between the 1st October, 1970, and the 25th November, 1970. The sentence passed on. the respondent was a binding over in the sum of £50 for one year to keep the peace and be of good behaviour.
It is not possible on the basis of the material before us to know with exactitude the quantity of wireless telegraphy apparatus in which the respondent dealt without a licence during the aforesaid period of about two months.
But it is quite clear that such quantity could not have been negligible. As a rule, a serious view should be taken of offences such as the present one which may, inter alia, have, directly or indirectly, adverse repercussions on the revenue of the State; we do think, thus, that the sentence passed on the respondent is manifestly inadequate and we have decided - having treated any doubt as to the exact quantity of the apparatus concerned as being a factor operating in favour of the respondent - that the proper sentence, in the circumstances, is a fine of £25, or, in default, one month’s imprisonment.
The appeal, is therefore, allowed; the sentence appealed against is set aside and sentence of a fine of £25 is imposed.
Appeal allowed.