Criminal appeal dismissed; five months sentence for careless military vehicle driving not manifestly excessive.

[*800] 1967 June 29

(VASSILIADES, P., TRIANTAPYLLIDES, JOSEPHIDES,JJ.)

APPELLATE JURISDICTION

Eleftheriades Gregorios,

Appellant,

v.

The Republic,

Respondent.

(Criminal Appeal No.2932)

Military service - Road Traffic - Sentence - Appeal against sentence as manifestly excessive - Driving a military vehicle without due care and attention - Grounds for intervention by the Supreme Court - None shown to exist

- Appeal dismissed.

Road Traffic - Driving a military vehicle without due care and attention - See under "Military Service" above.

Chr. Artemides, for the Appellant.

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

JUDGMENT

The Judgment of the Court was delivered by:-

VASSILIADES. P.: This is an appeal against a sentence of five months imprisonment imposed on the appellant by the Military Court of Nicosia for driving a military vehicle without due care and attention. The matter went before the Military Court because the appellant at the time of the commission of the offence was serving as a member of the military forces

and was, therefore, subject to the provisions of the Military [*801] Criminal Code and Procedure Law, 1964 (Articles 5;112 etc.).

The ground on which the appeal is taken is that the sentence was manifestly excessive in the circumstances of the case in hand.

After hearing learned counsel for the appellant on the material on record affecting sentence, we took the view that it was unnecessary to call on the respondent. The main facts constituting the offence charged (to which the appellant pleaded guilty) are that the appellant, while driving a heavy military vehicle at a road-crossing disregarded the traffic-lights, and entered the crossing before the green light came on. As a result, the military vehicle collided with a private car at the crossing, and caused considerable damage to the private car and injuries to some of its passengers; one of them was seriously injured.

The Military Court consisting of the President and two senior officers, apparently taking a serious view of the offence, imposed a sentence of five months imprisonment. Before we can interfere with this sentence, the appellant has to satisfy this Court that in the circumstances of the case, the sentence imposed is manifestly excessive; or, that the trial Court acted on wrong principle. As pointed out in a number of cases, we cannot substitute ourselves for the trial Court in measuring their sentence. We can only intervene in order to increase, reduce or otherwise alter the sentence, where it is shown that it is manifestly inadequate or excessive; or that there are legal grounds making such intervention [*802] necessary.

In the circumstances of this case, none of such grounds has been shown to exist. We are not prepared to hold that five months imprisonment for such careless driving, is manifestly excessive. The appeal, therefore, fails.

Appeal, dismissed, with directions for the sentence to run from the date of conviction.

Appeal dismissed.

Sentence to run as above.