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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1968) 2 CLR 127
1968 October 17
[VASSILIADES, P., TRIANTAFYLLIDES AND JOSEPHIDES, JJ.]
NICOS DEMETRIOU,
Appellant,
v.
THE POLICE,
Respondents.
(Criminal Appeal No 3033)
Criminal Law-Sentence-Assault causing actual bodily harm contrary to section 243 of the Criminal Code, Cap. 154-Sentence of six months' imprisonment-Husband and wife-Appeal against sentence as being manifestly excessive-Sentence affirmed-Approach of the Court of Appeal to appeals against sentence-See, also, herebelow.
criminal Procedure-Sentence-Appeal against sentence-Approach of the Court of appeal-Principles applicable-Directions made under section 147 (I) of the Criminal Procedure Law, Cap.155 for the sentence to run from the date of conviction.
Sentence-See above.
This is an appeal against a sentence of six months' imprisonment as being excessive.
Held, (1) the approach of this Court to such an appeal has been stated in several earlier cases. The responsibility of measuring the sentence rests primarily with a trial Court. This Court will not interfere unless the appellant has shown that the trial Court misdirected itself either on the facts or on the law or that it allowed itself to be influenced by matter which is irrelevant to the sentence.
(2) The appeal must be argued on the record or upon other relevant matter properly brought before the Court. Likewise, any submission that the sentence was manifestly excessive has to be based on the record (See Tryfona v. The Republic, 1961 C.L.R. 246; Karaviotis v. The Police (1967) 2 C.L.R. 286; Georghiou v. The Police (1967) 2 C.L.R. 292; the main argument of the appellant here is that his wife (the complainant in the charge) has now forgiven him and that she is now present in Court to support his plea for leniency.
(3) We have not been persuaded that we should disturb the sentence. But, giving to the wife's plea for leniency as much weight as we can and in view of the fact that the appellant has already served six weeks from his sentence, we have decided to direct under section 147 (1) of the Criminal Procedure Law, Cap. 155 that the sentence should be made to run from the date of conviction.
Appeal dismissed.
Order in terms.
Cases referred to
Tryfona v. The Republic, 1961 C.L.R. 246;
Karaviotis v. The Police (1967) 2 C.L.R. 286;
Georghiou v. The Police (1967) 2 C.L.R. 292.
Appeal against sentence.
Appeal against sentence by Nicos Demetriou who was convicted on the 4th September, 1968, at the District Court of Limassol (Criminal Case No. 11030/68) on one count of the offence of assault causing actual bodily harm contrary to section 243 of the Criminal Code Cap. 154 and was sentenced by Loris, D.J., to six months' imprisonment.
The appellant, appearing in person.
A. Frangos, Senior Counsel of the Republic, for the respondents.
The judgment of the Court was delivered by:
VASSILIADES, P. The appellant was charged in the District Court of Limassol with aggravated assault on his wife on June 23, 1968. He pleaded guilty to the charge and was sentenced to six months' imprisonment.
The learned trial Judge described the assault as brutal; and referred to a similar previous conviction of the appellant which, coupled with the circumstance of the present case, led him to the conclusion that the appellant was a man of violent character. The appeal is taken on the ground that the sentence imposed is manifestly excessive.
The approach of this Court to such an appeal has been stated in several earlier cases. The responsibility of measuring the sentence rests primarily with a trial Court. If the sentence so imposed is challenged on appeal, the appellant has to show that the trial Court misdirected itself either on the facts or on the law; or that, it allowed itself to be influenced by matter which is irrelevant to the sentence.
The appeal must be argued on the record or upon other relevant matter properly put before the Court. Likewise, any submission that the sentence was manifestly excessive in the circumstances of a particular case, has to be based on the record. (See Tryfona v. The Republic 1961 C.L.R. p. 246; Karaviotis v. The Police (1967) 2 C.L.R. 286 Georghiou v. The Police (1967) 2 C.L.R. 292.
The appellant before us, conducted his case in person; and his main argument, is that his wife (the complainant in the charge) has now forgiven him and that she is now present in Court to support his plea for leniency. He also pleaded the welfare of his two minor children who depend, he said, on the earnings of their parents.
Having given this case all due consideration, we have not been persuaded that we should disturb the sentence imposed by the trial Judge. We hope that the forgiveness of the wife is genuine; and that the appellant will remember in future, her attempt to help him in this appeal. On the other hand, the most effective way of discouraging conduct of this kind on the part of a husband, inclined to use such violence against his wife, is to make him bear the consequences of such conduct. This will, moreover, show practically to the wife that she is entitled to the full protection of the law against a grave assault from her husband in her own home.
Giving to the wife's plea for leniency as much weight as we can in this case, and accepting the appellant's assurances that he has really repented for his conduct, we have decided to make use of our powers under section 147 (1) of the Criminal Procedure Law (Cap. 155) and in view of the fact that the appellant has already served almost six weeks from his sentence, we have decided to direct that the sentence should be made to run from the date of conviction.
In the result, this appeal is dismissed with directions that the sentence shall run from the date of conviction.
Order in terms.