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Ali Houdaverti v. The Police (1973) JSC 801 Generato dall'IA

Appeal against driving disqualification dismissed because special reasons were not presented to the first instance court.

Numero d'incarto Ali Houdaverti v. The Police (1973) JSC 801
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 Court of Appeal dismissed the appellant's challenge to a six-month driving disqualification order for operating an uninsured omnibus. Although the appellant argued the sentence was manifestly excessive and presented special reasons to the Court of Appeal, these grounds were never submitted to the District Court of Kyrenia. The court held that appeals must be decided based solely on the record of the first instance proceedings, excluding new arguments raised at the appellate stage.

Regesto Legislator

Generato dall'IA

Section 3 of the Motor Vehicles (Third Party Insurance) Law, Cap. 333; Special reasons for leniency must be placed before the Court of first instance; appeals are determined on the record of proceedings and cannot consider new special reasons raised subsequently.

Parole chiave

Generato dall'IA
driving disqualification special reasons first instance court appeal record manifestly excessive sentence third party insurance omnibus operation reato penale

Disposizioni normative citate

Generato dall'IA
Section 3 of the Motor Vehicles (Third Party Insurance) Law, Cap. 333
Article 53 of the Constitution

Giurisprudenza citata

Generato dall'IA
Drakos v. The Police, (1969) 1 J.S.C, 127
Christodoulou v. The Police, (1969) 2 J.S.C. 249
The Police, (1969) 1 J.S.C, 127 and Christodoulou v. The Police, (1969) 2 J.S.C. 249 any special reasons ought to have been placed before the Court of first instance; and we have to determine the appeal on the material appearing on the record of the proceedings.
Generato dall'IA
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.
CY-JSC-1965-1965_1202
Court allows appeal against excessive disqualification period, reducing it to the time served.
CY-AAD-meros_1-1962-rep-1962_1_0152
Court allows appeal, modifying mandatory disqualification to fit constitutional proportionality requirements.
CY-AAD-meros_1-1963-rep-1963_1_0052
Court dismisses fresh evidence application but allows appeal to reduce disqualification period from 12 to 6 months.
CY-JSC-1969-1969_0127
Criminal appeal dismissed for excessive sentence where no special reasons were presented to the trial court.

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Testo completo

[*801] 1973 July 23

(TRIANTAFYLLIDES, P., S TAVRINI DES, L. LOIZOU, JJ.)

APPELLATE JURISDIC TION

Ali Houdaverti,

Appellant,

v.

The Police,

Respondents.

(Criminal Appeal No. 5472).

Road Traffic - Driving without an insurance against third party risks - Disqualification order - Appeal - Special reasons - Should he placed before the Court of first instance - No special reasons placed before trial Court but placed before Court of Appeal - Appeal having to be determined on the material appearing on record of proceedings has to be dismissed as there is nothing on record justifying interference with disqualification order.

Disqualification order - See under "Road Traffic".

Special reasons - Disqualification order - See under "Road Traffic".

V. Dervish, for the Appellant.

N. Charalambous, Counsel of the Republic, for the Respondents.

JUDGMENT

The judgment of the Court was delivered by: -

TRIANTAFYLLIDLS. P.: The appellant was sentenced by the District Court of Kyrenia to pay a fine of £3 and be disqualified from holding or obtaining a driving licence for six months, having been convicted, on a plea of guilty, [*802] of the offence of using an omnibus without an insurance against third party risks, contrary to section 3 of the Motor Vehicles (Third Party Insurance) Law, Cap. 333. He has appealed against the order of disqualification on the ground that it is, in the circumstances of the case, a manifestly excessive sentence.

Though before the Court below he was defended by counsel - other than counsel who appeared for him in the appeal - unfortunately special reasons which allegedly would have led the Court below to impose a more lenient sentence were not placed before it; in accordance with our case-law, such as Drakos v. The Police, (1969) 1 J.S.C, 127 and Christodoulou v. The Police, (1969) 2 J.S.C. 249 any special reasons ought to have been placed before the Court of first instance; and we have to determine the appeal on the material appearing on the record of the proceedings.

We sympathize with the appellant who is a first offender, a professional driver, a man with a large family - he has five minor children - but there is no other course open to us except to dismiss his appeal on the ground that there does not exist anything on record to justify interfering with the disqualification order; it is quite clear that apart from the alleged-special reasons, which as they are not on record we cannot take into account, there exists no reason for holding that the said order is a manifestly excessive sentence. [*803]

As stated by his counsel, the appellant has already made an application under Article 53 of the Constitution, through the Attorney-General of the Republic, for a remission of sentence in so far as the disqualification order is concerned and in this application - copy of which has been shown to us - there have been set out the alleged facts which were not placed before the Court below as special reasons; it is up to the appropriate organs, under Article 53, to deal with this case as they may deem fit in the circumstances.

Appeal dismissed.