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Phedias, Attorney-General of the Republic v. Phedias Theofanous (1965) JSC 274 Generato dall'IA

Court allowed appeal against insufficient fine for customs fraud, increasing penalty to £50 with prison threat.

Numero d'incarto Phedias, Attorney-General of the Republic v. Phedias Theofanous (1965) JSC 274
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Accolto (Allowed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court allowed the Attorney-General's appeal against a £20 fine for possessing privileged goods without entitlement. The respondent argued the sentence was insufficient given the offence's seriousness, while the Crown contended the trial court erred in under-penalizing a first offender. The court ruled that even first-time offenders may face imprisonment for revenue fraud and increased the fine to £50, adding a two-month prison term for non-payment.

Regesto Legislator

Generato dall'IA

Customs Management Law, Cap. 315, sections 209 and 201; Possessing privileged goods without entitlement constitutes a serious offence where trial courts may impose imprisonment even on first offenders, and insufficient fines can be corrected on appeal.

Parole chiave

Generato dall'IA
Customs Management Law Possessing privileged goods Revenue fraud offence Insufficient sentence appeal First offender sentencing Imprisonment power Fine increase on appeal sanzioni pecuniarie

Disposizioni normative citate

Generato dall'IA
Customs Management Law, Cap. 315, sections 209 and 201
Law 26/61, sections 14(2)(ξ) and 11(σ)
Generato dall'IA
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Testo completo

[*274] 1965 March 19

(ZEKIA, P., TRIANTAFYLLIDES, JOSEPHIDES, JJ.)

APPELLATE JURISDICTION

The Attorney-General of the Republic,

Appellant,

v.

Phedias Theofanous of Alona,

Respondent.

(Criminal Appeal No.2757).

Customs Management Law, Cap. 315 - Possessing privileged goods contrary to sections 209 and 201 thereof (as amended) Insufficiency af sentence imposed by trial Court - Sentence increased on Appeal.

Sentence - Defrauding Revenue - Trial Courts may impose imprisonment even in cases of first offenders.

Charge: Possessing privileged goods without being an entitled person, contrary to the Customs Management Law, Cap.315, sections 209 and 201 as amended by sections 14(2)(ξ) and 11 (σ) of Law 26/61. The said goods were 299 packets of 20 cigarettes each marked "NAAFI Stores", on which the import duty amounted to £55.230 mils.

Sentence and date: £20.- fine. Goods described in the charge were forfeited to the Republic. 12th February, 1965.

Nature of Appeal: Appeal against sentence.

Ground of Appeal: "The sentence of the trial Court was manifestly insufficient viewing the seriousness and prevalence of the offence".

Appeal by: The Attorney-General of the Republic.

A. Frangos, Counsel of the Republic, for the Appellant.

C. J. Myrianthis, for the Respondent.

JUDGMENT

ZEKIA, P. : We have considered this case.

There is no doubt that defrauding the Revenue is a serious offence. [*275] Even in cases of first offenders, a trial Court, in

certain cases, may very properly impose a sentence of imprisonment,, In the circumstances of your case, hearing in mind that you are not a rich man, rather a poor man, with children, and having a brother in the Services, and that you support his family as well, we are content with increasing the fine from £20 to £50; and we give you the chance to pay it within two months and if you fail to pay you will go to prison for two months instead.

Appeal allowed.

Sentence of Court below

set aside.

New sentence to be entered

as aforesaid.