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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V7) 1 CLR 31
1906 March 15
[HUTCHINSON, C.J. AND TYSER, J.]
POLICE,
Plaintiff,
v.
PROCOPI HAJI YOSSIFI,
Defendant.
CRIMINAL CODE, ART. 260-FINE AND IMPRISONMENT.
Under Art. 260 of the Criminal Code the Court may inflict a fine or imprisonment or both.
Appeal from the decision of the Nicosia Magisterial Court.
The Appellant was convicted of making a disturbance under Art. 260 of the Criminal Code.
It was his first offence and he had a good character and the Court sentenced him to three days imprisonment and a fine expressing its opinion that that was the lowest punishment it could inflict.
Pascal for the Appellant.
Judgment: Art. 260 of the Criminal Code means that persons who commit the offence described by that article are punished by fine and they are also punished by imprisonment. It does not mean that both punishments must necessarily be inflicted but that the person convicted may be sentenced to fine or imprisonment or both. A comparison of Art. 260 with Arts. 255 and 258 makes it clear that the legislator in this case did not intend that both punishments should necessarily be inflicted.
Imprisonment remitted and in all other respect conviction and sentence affirmed.