Criminal appeal reduced sentence for firearm and explosives possession due to surrender of items.

[*1368] 1971 July 2

(TRIANTAFYLLIDES, P., HADJIANASTASSIOU,

A. LOIZOU, JJ. )

APPELLATE JURISDICTION

Ioannis Antoni Vouniotis,

Appellant,

v.

The Republic,

Respondent.

(Criminal Appeal No.3258).

Criminal Law - Sentence - Two and a half years imprisonment and one year's imprisonment for possessing a firearm and explosive substances respectively - Section 3 of the Firearms Law, Cap. 57 and section 4 of the Explosive Substances Law Cap. 54 - Appellant enabled Police to trace articles subject-matter of the charge - No sufficient weight attributed to this aspect of the case - Sentence held to be wrong in principle on this ground - Reduced.

Firearms and ammunition - Illegally possessed - Desirability of encouraging their surrender - Severe sentences not consistent with encouragement.

The Appellant appears in person.

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

JUDGMENT

The judgment of the Court was delivered by:-

TRIANTAFYLLIDES, P.: The appellant appeals against concurrent sentences of imprisonment, of two and [*1369] a half years and one year respectively, which were imposed on him in respect of a count charging him with unlawful possession of a firearm, viz. a sten gun, contrary to section 3 of the Eirearms Law, Cap. 57, and of a count charging him with unlawful possession of explosive substances, viz. eighteen live rounds of ammunition, contrary to section 4 of the Explosive Substances Law, Cap. 54.

The salient facts of the case are as follows:

On the 31st July, 1970, the appellant was carrying the sten gun and it went off accidentally. Being afraid that he would be discovered in possession of a firearm he reported to the Police that somebody had attempted to kill him by shooting at him. The Police investigated the matter but the truth was not found out. Later, on the 29th October, 1970, the appellant was arrested by the Police in connection with another case and, on the 1st November, 1970, while being interrogated for the other case, which, as counsel for the respondent stated, was entirely unconnected with the sten gun and the ammunition, he decided to surrender the said, articles and he showed to the Police the place where they were hidden.

The learned judges of the Limassol Assizes, who convicted the appellant, on his pleading guilty to the charges concerned, and sentenced him to imprisonment as aforesaid, did not - as it appears from the record before us - lose sight of the fact that he had enabled the Police to trace the sten gun and the ammunition; we are, however, of the opinion that no sufficient weight was attributed to this very important aspect of the present case. [*1370]

We do think that people should be encouraged to surrender arms and ammunition which they possess illegally; and that sentences as severe as those imposed on this appellant are not consistent with such encouragement and are, therefore, wrong in principle. Thus, the fact that the appellant chose, even belatedly, to hand over to the Police the sten gun and the ammunition has led us to the decision to reduce the sentences imposed on him (which would not, otherwise, have been regarded as excessive for the offences concerned) to sentences of one year’s imprisonment for the possession of the sten gun and of six months' imprisonment for the possession of the ammunition; both to run concurrently from the date of conviction.

Appeal allowed.