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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(1975) 2 CLR 17
1975 February 6
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This in an English translation of the judgment in Greek appearing at pp 17-19 ante.
Military Offences-Sentence-One year's imprisonment for desertion, contrary to section 29(1) of the Military Criminal Code and Procedure Law, 1964 (Law 40 of 1964-Seriousness of the offence-Military Court did not attribute the proper weight to the circumstances under which appellant found himself away from his unit and to the fact that lie returned to it on his own initiative, even though with some delay-Sentence reduced.
Appeal against sentence.
Appeal against sentence by Costas Christodoulou Katsiaris who was convicted on the10th December 1974 at the Military Court sitting at Nicosia (Case No. 193/74) on one count of the offence of desertion contrary to section 29(1) of the Military Criminal Code and Procedure Law, 1964 (Law 40/64) and was sentenced to one year's imprisonment.
L. Papaphilippou, for the appellant.
N. Charalambous, Counsel of the Republic for the respondent.
The judgment of the Court was delivered by:-
TRIANTAFYLUDES, P. The appellant was sentenced by the Military Court of Nicosia, on December 10. 1974. to one year's imprisonment, for the offence of desertion contrary to section 29(1) of the Military Criminal Code and Procedure Law. 1964 (Law 40/64)
The period of desertion of the appellant was from August 17, 1974, till October 3, 1974 when the appellant returned to his unit on his own initiative.
The appellant is a person with a clean record, both as a soldier and a civilian. He enlisted as a reservist of the National Guard in July 1974 when the Turkish invasion commenced, and till the termination of the hostilities, of August 17, 1974, the appellant took part in the fighting against the invaders, and was wounded.
On August 17 the unit of the appellant retreated, for operational reasons, from the Yerolakkos area, where it was positioned, to Ayioi Trimithias area. During the retreat the appellant and some other soldiers lost contact with their unit, and so, the appellant went to Limassol, where his family was.
From there he was trying to communicate with his unit, but until the second week of September 1974 he did not manage to rejoin it, although he had contacted, for this purpose, right from the beginning, the Military Command in Limassol. He remained in Limassol, working in order to earn money and assist financially his family, and he returned to his unit on October 3.
We do not underestimate the seriousness of the offence of desertion, especially during these difficult for our country times, but we are of the view, on the other hand, that the Military Court did not attribute, the proper weight to the circumstances under which the appellant found himself away from his unit, and to the fact that he returned to it on his, own initiative, even though with some delay. Taking, therefore, into consideration all the special circumstances of the present case, we have decided that the sentence imposed on the appellant should be reduced to one of six month's imprisonment to run from December 10, 1974, when sentence was passed upon him by the Military Court.
Appeal allowed.