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Ioannis Gregoriou Ioarmou v. The Police (1971) JSC 1501 Generato dall'IA

Court dismisses appeal for absent appellant on careless driving conviction and severe sentence.

Numero d'incarto Ioannis Gregoriou Ioarmou v. The Police (1971) JSC 1501
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Respinto (Dismissed)
Apri la fonte ufficiale Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

The Supreme Court dismissed the appellant's appeal in his absence, noting that neither he nor his counsel appeared at the hearing. The court upheld the conviction for careless driving and the £40 fine with a six-month disqualification, citing the severity of the violent collision and the appellant's six prior similar convictions. Although the sentence was deemed severe for a professional driver, the court ruled it justified given the dangerous circumstances and the appellant's history.

Regesto Legislator

Generato dall'IA

Criminal Procedure Law Cap. 155, s. 143(3); Motor Vehicles and Road Traffic Law Cap. 332, s. 6: An appeal by an absent appellant may be considered by the court, which may dismiss the appeal if the conviction is supported by evidence and the sentence is proportionate to the seriousness of the offense and the offender's prior record.

Parole chiave

Generato dall'IA
absent appellant appeal careless driving offense professional driver sentence prior convictions impact Criminal Procedure Law 155 guida nonostante revoca della patente reati contro le pubbliche comunicazioni reato penale

Disposizioni normative citate

Generato dall'IA
Criminal Procedure Law, Cap. 155, section 143(3)
Criminal Procedure - Appeal -Default of appearance at the hearing of the appellant or his counsel - Power of the Court to consider appeal and make such order thereon as it deems fit - Criminal Procedure Law, Cap. 155, section 143(3).
Motor Vehicles and Road Traffic Law Cap. 332, Section 6
Criminal Law - Sentence - Disqualification and fine for careless driving - Section 6 of the Motor Vehicles and Road Traffic Law Cap.
Generato dall'IA
CY-AAD-meros_2-1971-rep-1971_2_0213
Court dismissed criminal appeal for absent driver on merits due to serious collision and prior convictions.
CY-JSC-1973-1973_1497
Court dismisses appeal on careless driving but allows it for unlicensed bus passenger disembarking.
CY-JSC-1969-1969_0127
Criminal appeal dismissed for excessive sentence where no special reasons were presented to the trial court.
CY-AAD-meros_1-1963-rep-1963_1_0106
Court allows appeal reducing driver disqualification from one year to three months due to public protection needs.
CY-AAD-meros_2-1973-rep-1973_2_0122
Cypriot Supreme Court dismisses appeal against driving disqualification for failing to present special reasons at first instance.

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Testo completo

[*1501] 1971 July 8

(TRIANTAFYLLIDES, P., STAVRINIDES, A. LOIZOU, JJ.)

APPELLATE JURISDICTION

Ioannis Gregoriou Ioannou,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No. 3267).

Criminal Procedure - Appeal -Default of appearance at the hearing of the appellant or his counsel - Power of the Court to consider appeal and make such order thereon as it deems fit - Criminal Procedure Law, Cap. 155, section 143(3).

Criminal Law - Sentence - Disqualification and fine for careless driving - Section 6 of the Motor Vehicles and Road Traffic Law Cap. 332 - Sentence though a severe one for a professional driver, like the appellant, not interfered with in view of the seriousness of the case and similar previous convictions of appellant.

Road Traffic - Careless driving - Sentence - Fine and disqualification.

Per curiam: It is most important that all those who are driving vehicles of any kind, and particularly those who are

entrusted with the driving of vehicles conveying passengers, should be made to realize that it is absolutely necessary that they should be as careful as possible while driving, so as to contribute to rendering the road safer for all their users.

Appellant absent. No appearance for him.

A. Frangos, Senior Counsel of the Republic, for the Respondent

JUDGMENT

The judgment of the Court was delivered by:

TRIANTAFYLLIDES, P.: The appellant has, though duly notified through his counsel, failed to appear today to support his appeal; nor has counsel appeared on his behalf. [*1502]

In view of the provisions of section 143(3) of the Criminal Procedure Law, Cap. 155, we had, nevertheless, to consider the appeal end make such order thereon as we deemed fit.

Having heard counsel for respondents we are of the view that this appeal should be dismissed both as regards the conviction of the appellant - in respect, of the offence of driving without due care and attention an omnibus, contrary to section 6 of the Motor Vehicles and Road Traffic Law, Cap. 332 - and as regards the sentence of £40 fine and disqualification from holding a driver's licence for six months which was imposed on the appellant for such offence.

The grounds of appeal relating to the appellant's conviction concern findings of fact which appear to us to have been warranted by the evidence adduced before, and accepted as credible, by the trial Court.

Regarding the question of sentence it is, indeed, a severe sentence for a person like the appellant who is a professional driver; but this is a serious case involving a violent collision, between two vehicles conveying passengers, which occurred in the centre of the town of Famagusta, due largely to the fact that the appellant was driving at an excessive speed and did not halt at traffic lights which were against him.

Moreover, the appellant is a person who has six previous convictions of a similar nature. [*1503]

It is most important that all those who are driving vehicles of any kind, and particularly those who are entrusted with the driving of vehicles conveying passengers, should he made to realise that it is absolutely necessary that they should be as. careful as possible while driving, so as to contribute to rendering the roads safer for all their users.

Appeal dismissed.