(1975) 2 CLR 13
1975 February 6
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This is an English translation of the judgment in Greek appearing at pp.13-14, ante.
Military Offences-Sentence-Six months’ imprisonment for desertion contrary to section 29(1) of the Military Criminal Code and Procedure Law, 1964 (Law 40 of [*15] 1964)-Though in view of the personal circumstances of the appellant said sentence a severe one it cannot be treated as manifestly excessive.
Appeal against sentence.
Appeal against sentence by loannis Costa Vassiliou who was convicted on the 5th December, 1974 at the Military Court sitting at Nicosia (Case No. 185/74) 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 six months’ imprisonment.
L. Papaphilippou, for the appellant.
N. Charalambous, Counsel of the Republic, for the respondent.
The judgment of the Court was delivered by:-
TRIANTAFYLLIDES, P.: The appellant was sentenced to six months’ imprisonment for the offence of desertion contrary to section 29(1) of the Military Criminal Code and Procedure Law, 1964 (Law 40/64).
The desertion of the appellant lasted from September 8, 1974, till September 27, 1974, when he returned, on his own initiative, to his unit.
At the material time he was serving with a unit stationed in the Paphos area: he was posted temporarily at another unit and when he completed his service there he did not return to his unit, but went away to join his family.
He has put forward, as a reason for committing the offence in question, the fact that he wanted to look after his family, who were short of money.
The appellant is a father of two children and his wife was ill at the time.
The appellant had applied for leave to his Commander, and when it was refused he deserted.
It is a case in which it may he said, in view especially of the personal circumstances of the appellant, that the sentence imposed on him is a severe one. But, as it appears from the record before us the Military [*16] Court took into account such circumstances and it decided, as it has expressly stated, to impose a rather lenient sentence. Perhaps it could have been more lenient. But within the limits of our appellate jurisdiction we do not think that it is right for us to interfere for the purpose of reducing such sentence, because it cannot be treated as manifestly excessive.
Of course, each case has to be decided on the basis of its own facts, but it may be pointed out that the case-law of the Supreme Court shows that even in times of peace sentences of six months’ imprisonment for desertion have not been considered to be manifestly excessive.
In the light of all the above the appeal is dismissed, but the sentence of the appellant must be treated as having begun to run from December, 5, 1974, when it was imposed by the Military Court.
Appeal dismissed.
cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο