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Phivos Panteli alias Phivos tis Manos v. The Police (1966) JSC 1073 Generato dall'IA

Criminal appeal allows reduction of sentence for possessing explosives due to prejudicial prior charges and excessive punishment.

Numero d'incarto Phivos Panteli alias Phivos tis Manos v. The Police (1966) JSC 1073
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Parzialmente accolto (Partially Allowed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court allowed the appellant's appeal against a nine-month prison sentence for possessing explosives, reducing it to three months. The prosecution had presented irrelevant and prejudicial facts regarding a separate indecent assault case, which the court determined could have unduly influenced the trial judge. Additionally, the court found the original sentence manifestly excessive given the appellant's prior convictions were over a decade old. Consequently, the sentence was reduced to three months imprisonment to run from the date of conviction.

Regesto Legislator

Generato dall'IA

Sections 4(4)(d) of the Explosive Substances Law, Cap.54; An appeal against sentence is allowed where the prosecution introduces irrelevant and prejudicial material that may have influenced the judge, and the sentence imposed is manifestly excessive in the circumstances.

Parole chiave

Generato dall'IA
Explosive Substances Law Possession of explosives Prejudicial material Excessive sentence Criminal appeal Manifestly excessive Sentencing reduction deposito di prodotti inquinanti

Disposizioni normative citate

Generato dall'IA
section 4(4)(d) of the Explosive Substances Law, Cap.54
Generato dall'IA
CY-AAD-meros_2-1966-rep-1966_2_0058
Cypriot Supreme Court reduces sentence for explosive possession due to irrelevant prejudicial police facts and excessive punishment.
CY-JSC-1973-1973_0203
Court affirms lenient sentence for explosives possession, citing bad record and national security threat.
CY-JSC-1971-1971_0761
Court dismisses appeal against two-year theft sentence citing appellant's poor record and need for societal protection.
Aίτηση Aρ. 105/98
Supreme Court dismisses prohibition application as magistrates' court retains jurisdiction over VAT penalty cases.
Αρ. Υπόθεσης: 8576/2017
Cypriot court acquits defendant on forgery charges due to insufficient evidence proving signature authenticity.

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Testo completo

[*1073] 1966 October 13

(JOSEPHIDES, STAVRINIDES, JJ., HADJIANASTASSIOu, AG. J.)

APPELLATE JURISDICTION

Phivos Panteli alias Phivos tis Manos,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No.2837).

Criminal Law - Explosive substances - Possessing explosive substances contrary to sections 4(4)(d) of the Explosive Substances Law, Cap.54 - Appeal against sentence as being excessive - Irrelevant and prejudicial material against appellant p t by prosecution before trial Court - Might have influenced the mind of Judge in imposing sentence - Sentence reduced as manifestly excessive.

Explosive substance - Appeal against sentence for possessing explosive substances - See under Criminal Law above.

Appellant in person.

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

JUDGMENT

The Judgment of the Court was delivered by:-

JOSEPHIDES, J.: The appellant in this case pleaded guilty to a charge of possessing explosive substances contrary to section 4(4)(d) of the Explosive Substances Law, Cap.54 The explosive substance in question was 57 drams of ordinary gunpowder which, it is understood, is used by sportsmen, a piece of safety fuse and a detonator.[*1074]

The prosecuting officer, in stating the facts to the trial Judge, stated that the accused, who is a fisherman, had been called to the Limassol police station for interrogation in connection with "a case of indecent assault on male" and then he went on to state that when the appellant was searched the above articles were found in his possession.

Pausing there, we think that the fact that the appellant had been called to the police station in connection with a case of indecent assault on male was both irrelevant and highly prejudicial to the appellant in the present case, and this should not have been included in the statement of facts by the prosecuting officer.

The explanation given by the appellant in mitigation of sentence was that dolphins destroy his nets and that he had to carry gunpowder in order to cause small explosions in the sea to frighten the dolphins away.

The appellant who is 38 years of age had a similar previous conviction in 1954 for which he was bound over for one year. He also had four other convictions for gambling, disturbance etc. for which he was fined or bound over.

The learned trial Judge, in passing sentence, observed to the accused that he was of bad character and that one of his previous convictions was similar to the present offence, and he went on to pass a sentence of nine months imprisonment.

Considering that the appellant's similar previous conviction is some twelve years ago and that his last conviction for drunkenness was more than three years ago, we are of the view that the sentence of nine months imprisonment[*1075] was manifestly excessive in the circumstances of this case. We also take into account that irrelevant and prejudicial material against the appellant was put by the prosecution before the trial Court which may have influenced the mind of the Judge in imposing sentence.

For all these reasons, we allow the appeal and reduce the sentence of nine months' imprisonment to one of three months' imprisonment. The sentence to run from the date of conviction.

Order in terms.