Supreme Court dismisses appeal against ten-year sentence for military desertion and secret disclosure, finding no mental defense.

[*1] 1966 December 8

IN THE SUPREME COURT OF CYPRUS

ON APPEAL AND ORIGINAL JURISDICTION

(VASSILIADES,AG.P., JOSEPHIDES, J., LOIZOU, AG.J.)

APPELLATE JURISDICTION

Georghios Yialcoumi Achilleos,

Appellant,

v.

The Republic,

Respondent.

(Criminal Appeal No.2847).

Military Service - National Guard - Sentence - Sentence of imprisonment - Appeal against sentence - Offences of deserting position as a soldier on duty and divulging military secret information, contrary to sections 56(6) and 70(1), respectively, of the Military Criminal Code and Procedure Law of 1964 (No.40 of 1964) (as amended) - Appellant's mental condition - Obvious from the facts on record and the medical evidence that Appellant was aware of the seriousness of the crime he was committing - Sentence imposed by trial Court neither manifestly excessive nor wrong in principle.

Criminal Law - Military Service - National Guard – Appeal against sentence - Deserting position as soldier on duty and divulging military secret information - See under "Military Service".

N. Pelides, for the Appellant.

S. Georghiades, Counsel of the Republic, for the Respondent.

JUDGMENT

The Judgment of the Court was delivered by: -

VASSILIADES. AG. P.: This is an appeal against a sentence of ten years imprisonment imposed on the appellant by the Military Court of Nicosia on the 4th October, 1966, for deserting his position as a soldier on duty on the 4th June, 1966, contrary to section 56(b) of the Military Criminal Code and Procedure Law of 1964 (Law 40/1964) as [*2] amended by Law 77/1965; and for divulging military secret A information, contrary to section 70(1) of the Military Criminal Code.

After a plea of guilty to both these charges and after hearing the prosecution on the facts and counsel for the accused in mitigation, the Military Court imposed a sentence of six months imprisonment on the first count and ten years imprisonment on the count for divulging military secrets; both terms to run concurrently. The latter offence is punishable with imprisonment for 14 years or death in certain aggravated circumstances.

Learned counsel for the appellant has strenuously submitted that the mental condition of the appellant is such as to render the sentence imposed by the Military Court manifestly excessive, in the circumstances. This point was also taken before the Military Court which heard evidence regarding appellant's mental condition from a mental specialist.

It is obvious from the record that the Military Court went into this matter with the utmost care; and it is equally clear that the mental condition of the appellant is such as to afford him no defence for the serious crime which he has admittedly committed. It is also obvious from the facts on record, as well as from the medical evidence, that the appellant was perfectly aware of the seriousness of the crime he was committing; and of the consequences which it might have produced both far him and for the country as a whole.

At the end of counsel's submission to this Court today, we found it unnecessary to call upon counsel for the respondent in support of the sentence. In our unanimous opinion the sentence imposed by the Military Court, is neither manifestly excessive nor wrong in principle; and [*3] this appeal must fail. We are clearly of the view that there is no merit whatever in the appeal before us.

Appeal dismissed; sentence to run from the date of conviction.

Order in terms.