Legislator Giurisprudenza & Legislazione
Municipal Corporation of Nicosia v. Andreas Mayias (1987) JSC 83 Generato dall'IA

Night watchman acquitted for refusing to maintain refuse container as he is not an occupier.

Numero d'incarto Municipal Corporation of Nicosia v. Andreas Mayias (1987) JSC 83
Autorità giudiziaria
Giurisdizione Cipro (CY)
Data della decisione
Esito del giudizio Respinto (Dismissed)

Sintesi Legislator

Generato dall'IA

The District Court acquitted Andreas Mayias of charges for failing to maintain sanitary refuse containers at his employer's premises. Mayias argued he was merely a night watchman performing duties there, not an occupier, while the prosecution claimed he was liable as an occupier. The court ruled that a servant acting in virtue of their office is not an occupier and that the charge lacked sufficient particulars regarding his capacity.

Regesto Legislator

Generato dall'IA

Regulations 101(5) and 216 of the Municipal Corporation Nicosia Bye-Laws 1965-73; A servant or person in premises in virtue of their office is not an occupier for the purposes of bye-law offences.

Parole chiave

Generato dall'IA
occupier definition night watchman status municipal bye-laws criminal charge particulars constitutional right to particulars responsabilità del funzionario responsabilità del comune compito di diritto pubblico

Disposizioni normative citate

Generato dall'IA
Regulation 101(5) of the Municipal Corporation Nicosia Bye-Laws 1965-73
Regulation 216 of the Municipal Corporation Nicosia Bye-Laws 1965-73
Article 12(5)(a) of the Constitution
It should be stressed that it is the constitutional right of the accused, safeguarded by Article 12(5) (a) of the Constitution, to be given adequate particulars of the charge.

Giurisprudenza citata

Generato dall'IA
Clarke v. St. Mary, Bury St. Edmunds
It has been held (see Clarke v. St. Mary, Bury St. Edmunds, 26 L.J.
Bent v. Roberts
12; Bent v. Roberts, 3 Ex.
R. v. Spurrel
Tennant v. Smith
72; Tennant v. Smith, (1982) [*85] A.C.
Chrysostomou v. Police
(See, also, Chrysostomou v. Police,
Generato dall'IA

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Testo completo

[*83] 1985 July 26.

(KALLIS, D.J.)

IN THE DISTRICT COURT OF NICOSIA

Municipal Corporation of Nicosia,

v.

Andreas Mayias,

Accused.

(Case No. 19510/84).

Words and phrases - Occupier within the meaning of Bye-Law 101 of the Nicosia Municipal Corporation Bye Laws, 1965-73 - Person occupying premises in virtue of his office - Whether an occupier.

Criminal Procedure - Charge - Particulars.

A. Papakokkinou (Miss), for the Prosecution

H. Papandreou, for the Accused.

JUDGMENT

The following judgment was delivered by: -

KALLIS, D.J.:- The accused in this case was charged on two counts of the offence of laying refuse in unsuitable containers and of the offence of not maintaining suitable sanitary refuse containers. The charges were laid under Regulations 101(5) and 216 of the Municipal Corporation Nicosia Bye-Laws 1965-1973. Regulation 101(5) which is the regulation creating the offence speaks of liability of the “owner”, “the tenant” or “occupier” of premises. [*84] According to the evidence of the prosecution the accused was occupying certain premises at Pallouriotissa and was not maintaining a suitable sanitary refuse container. The accused in his sworn testimony said that he resides at Latsia and makes use of the premises at Pallouriotissa which belong to his employers, in the performance of his duties as night watchman of the property of his employers which is in the vicinity of the premises. He works from 3.45 p.m. - 8.00 daily from Monday - Thursday and on Fridays from 3.45 p.m. until 8.00 a.m. of Monday. During his stay in the premises for the purpose of the performance of his duties as night watchman he prepares coffee for himself and occasionally he cooks his meals. On the evidence of the accused, which I have no reason at all to disbelieve, I find that accused makes use or occupies the premises in question in virtue of his employment, and for the purpose of carrying out his duties as a watchman; and since the charge - though not expressly stating so - is based on his capacity as occupier the question arises whether he is an “occupier” within the meaning of the above bye-laws. In the Municipal Corporations Law, Cap. 240 and in the above bye-laws there is no definition of the word “occupier”; and therefore, recourse should be sought to case-law. It has been held (see Clarke v. St. Mary, Bury St. Edmunds, 26 L.J. C.P. 12; Bent v. Roberts, 3 Ex. D. 66; R. v. Spurrel, L.R. 1 Q.B. 72; Tennant v. Smith, (1982) [*85] A.C. 150) that “a servant, or other person who may be in the premises virtute officii is not an occupier”. With this construction I have no reason to disagree and, therefore, I conclude that the prosecution has failed to prove a substantial ingredient of the offence charged, namely that accused is an “occupier” of the premises in question. Accordingly the accused is acquitted and discharged.

Having concluded as above, I would draw attention to the absence of sufficient particulars in the charge. In view of the provisions of the bye-law creating the offence, it is at least expected that the charge should state the capacity under which accused was in the premises - owner, tenant, occupier; but such capacity was not stated and was sought to be established by evidence. It should be stressed that it is the constitutional right of the accused, safeguarded by Article 12(5) (a) of the Constitution, to be given adequate particulars of the charge. (See, also, Chrysostomou v. Police,

(1971) 2 C.L.R. 176) and the charge in this case fell far below the required standards of particularity. In view, however, of my conclusion on the substance, I leave the matter at that.

Accused acquitted and discharged.