(1963) 1 CLR 78
1963 June 11
[*78]
[WILSON, P., ZEKIA, VASSILIADES AND JOSEPHIDES, JJ.]
SAVVAS ANTONIOU KYPRIANOU,
Appellant,
v.
THE REPUBLIC,
Respondent.
(Criminal Appeal No. 2644)
Criminal Law-Sentence-Theft of Government properly-Sections 262 and 267 of the Criminal Code, Cap. 154-Sentences should be severe.
Appeal against sentence.
The appellant was convicted on the 6th May, 1963, at the Assize Court of Limassol (Criminal Case No. 6093/61) on one count of the offence of stealing, contrary to sections 262 and 267 of the Criminal Code Cap. 154 and was sentenced by Loizou, P.D.C., Limnatitis and Malachtos, D.J J., to four years’ imprisonment.
Appeal dismissed.
Appellant in person.
A. Frangos for the respondent.
The facts sufficiently appear in the judgment of the Court delivered by:
WILSON, P.: We think it is unnecessary to call on you Mr. Frangos.
This is an appeal from the sentence of four years’ imprisonment imposed by the Assize Court of Limassol on May 6th, 1963. The accused had pleaded guilty to the theft of £1 164.435 mils, the property of the Government of the Republic of Cyprus, during December, 1960, contrary to ss. 267 and 262 of the Criminal Code, Cap. 154.
The circumstances under which the theft occurred were fully described by Counsel for the Republic and a strong plea for mercy was addressed to the Court by the accused’s counsel. Although this crime was committed in a moment of weakness the punishment must be severe in order to protect the revenue belonging to the Republic. This is the first consideration of the Court and the facts [*79] that the accused is in poor health and suffering from an illness, which requires surgical treatment, as well as from another illness, in respect of which there is no medical evidence, unfortunately cannot be taken into consideration by us in this case sufficiently to permit any reduction in the sentence imposed.
The term of imprisonment of four years indicates to us that the trial Court did show some leniency to the accused and we are not prepared to interfere with that sentence.
The appeal will, therefore, be dismissed. The Prison Authorities will have to decide what steps should be taken to protect your health. The sentence will run from the date of conviction.
Appeal dismissed.
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