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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V7) 1 CLR 74
1907 November 4
[TYSER, C.J. AND BERTRAM, J.]
POLICE
v.
AGATHOCLI A. KOKKINI AND OTHERS.
OTTOMAN PENAL CODE-ART. 260-DISTURBANCE OF THE PEACE.
It is not necessary for a conviction for disturbing the peace under Art. 260 of the Ottoman Penal Code that it should be proved that the peace of the inhabitants was actually disturbed.
It is sufficient if the disorder complained of was of such a nature as to be calculated to produce this result.
This was an appeal from a conviction of the District Court of Larnaca.
The Defendants were convicted of an offence against Art. 260 of the Ottoman Penal Code.
The evidence showed that the Defendants chased the complainant through the village of Angastina to his house, shouting and throwing stones at him as they pursued him.
Agathocli A. Kokkini one of the Defendants appealed.
Pascal Constantinides for the Appellant.
In order to justify a conviction under Art. 260 of the Ottoman Penal Code it is necessary to show that the peace of the inhabitants was actually disturbed. The Greek translation accurately expresses the original "διαταράττοντες ούτω την ησυχίαν των κατοίκων" Here there was no evidence that the peace was disturbed.
Amirayan, for the Respondents, was not called upon.
Judgment: CHIEF JUSTICE: The Turkish text shows that it is not necessary to prove that the peace of the inhabitants was actually disturbed. It is sufficient if the disorder complained of was of such a nature as to be calculated to disturb the peace of the inhabitants. I cannot imagine circumstances to which the words of the article could more aptly apply than the facts of this case.
BERTRAM, J., concurred.
Appeal dismissed.