Criminal appeal against inadequate fine for assaulting a policeman dismissed due to abandonment by the Attorney-General.
Cipro (CY)
Sintesi Legislator
Generato dall'IAThe Attorney-General abandoned the appeal against a £30 fine imposed on the respondent for assaulting a policeman, citing good special reasons. Although the court noted the sentence was likely inadequate and would have imposed imprisonment had the appeal proceeded, the procedural abandonment under section 142 of the Criminal Procedure Law resulted in the dismissal. The judgment expresses a view on the severity of the offense but formally upholds the dismissal of the appeal.
Regesto Legislator
Generato dall'IASection 142 of the Criminal Procedure Law; An appeal abandoned by the Attorney-General is dismissed, though the court may express a view on the adequacy of the sentence.
Parole chiave
Generato dall'IADisposizioni normative citate
Generato dall'IAGiurisprudenza citata
Generato dall'IADecisioni correlate
Generato dall'IATesto completo
[*1374] 1971 July 5
(TRIANTAFYLLIDES, P., L. LOIZOU, A. LOIZOU, JJ. ) APPELLATE JURISDICTION
The Attorney-General of the Republic,
Appellant,
v.
Demetris Christoforou Kkafas,
Respondent.
(Criminal Appeal No. 3251)
Criminal Procedure - Appeal - Appeal by Attorney-General against inadequacy of sentence of fine on a charge of assaulting policeman acting in due execution of his duty contrary to s.244(b) of the Criminal Code Cap.154 - Abandonment - Section 142 of the Criminal Procedure Law, Cap. 155.
Appeal - Abandonment - See under "Criminal Procedure".
Per curiam: We think that on the face of it, this is indeed, a case of a serious nature and that had the appeal been heard we would be inclined to treat the monetary sentence which was imposed on the respondent as being inadequate and impose instead an appropriate sentence of imprisonment.
S, Nicolaides, Counsel of the Republic, for the Appellant.
No appearance for the Respondent.
JUDGMENT
The judgment of the Court was delivered by: -
TRIANTAFYLLIDES, P.: In this case the Attorney-General of the Republic appealed against a [*1375] sentence of £30 fine imposed on the respondent - the accused in Criminal Case No. 2489/71 - by a District Judge at Limassol in respect of a charge of assaulting, contrary to section 244(b) of the Criminal Code, Cap. 154, a policeman acting in the due execution of his duty.
The respondent is a person with previous convictions for offences of a similar nature, including one on the 3rd April, 1962, for assaulting a policeman; on that occasion he was fined £2.
This appeal was fixed originally for the 17th June, 1971, but its hearing did not commence on that date because counsel stated that it was being considered, on the part of the Attorney-General, whether or not to abandon this appeal; and, in the end, notice of abandonment of the appeal has been filed this morning under section
142 of the Criminal Procedure Law, Cap. 155.
We have no doubt that the Attorney-General decided not to proceed with this case on the basis of good special reasons; and in view of section 142 of Cap. 155, as applied, inter alia, in the case of Athanassiades v. The Police, (1969) 12 J.S.C. 1390, this appeal is dismissed.
We feel, however, that - as was done in the case of R. v. Gibbon, 31 Cr. App. R.143 - we can express a view regarding the present case, notwithstanding the fact of its abandonment: We think that on the face of it, this is, indeed, a case of a serious nature and that had the appeal been heard we would be inclined to treat the [*1376] monetary sentence which was imposed on the respondent as being inadequate and impose instead an appropriate sentence of imprisonment.
Appeal abandoned and dismissed.