(1987) 2 CLR 125
[*125] 1987 August 18
[TRIANTAFYLLIDES, P., DEMETRIADES, LORIS, JJ.]
ONER ARIF AKKARKILI,
Appellant,
v.
THE REPUBLIC,
Respondent.
(Criminal Appeal No. 4875).
Sentence — Housebreaking and the Theft contrary to sections 291, 292 (a) and 255 of the Criminal Code, Cap. 154 — Stolen monies and jewellery exceeding in value £5,000. — Nothing recovered — Appellant aged 24 —Clean record — 3 1/2 years' imprisonment — Neither manifestly excessive nor wrong in principle.
The trial Court, having taken into consideration 5 outstanding offences of similar nature, imposed for the offence of Housebreaking and theft a sentence of 31/2years' imprisonment.
Hence this appeal against sentence. The appellant, who is 24 years of age, was arrested by the Police on 31.3.87. He initially denied any knowledge of the offence in question. On 23.4.87, however, he made a voluntary statement confessing its commission.
In support of appellant's case his counsel invoked his age, his clean record and his repentance allegedly indicated by the aforesaid voluntary statement.
It must be noted that the monies and jewellery stolen exceed in value £5,000; nothing was recovered.
Held, dismissing the appeal, that in the circumstances the sentence in question is neither manifestly excessive nor wrong in principle.
Appeal dismissed.
Cases referred to:
Nicolaou v. The Republic (1985) 2 C.L.R. 55. [*126]
Appeal against sentence.
Appeal against sentence by Oner Arif Akkarkili who was convicted on the 11th May, 1987 at the Assize Court of Nicosia (Criminal Case No. 12957/87) on one count of the offence of housebreaking and theft contrary to sections 291,292(a) and 255 of the Criminal Code, Cap. 154 and was sentenced by Boyadjis, P.D.C., HadjiConstantinou, S.D.J, and Nicolaides D.J. to 3 1/2 years' imprisonment.
P. Angelides, for the appellant.
M. Florentzos, Senior Counsel of the Republic, for the respondent.
TRIANTAFYLLIDES P.: The Judgment of the Court will be delivered by Loris J.
LORIS J.: The present appeal is directed against the sentence of 3 1/2 years' imprisonment imposed on the appellant by the Assize Court of Nicosia, on the 11th May 1987, for the offence of housebreaking and theft contrary to the provisions of sections 291, 292(a) and 255 of the Criminal Code Cap. 154.
In passing sentence the Assize Court took into consideration another 5 outstanding offences of similar nature to which the appellant had pleaded guilty.
The appellant, 24 years of age, is a Turkish Cypriot born at Pitargou village, Paphos District; when about 11 years of age, after the Turkish invasion of Cyprus, followed his parents to the Turkish occupied area of Cyprus; he returned therefrom to Nicosia where he worked for a period of about two years (1980-1982); thereafter he returned to the Turkish occupied area again, where he stayed up to 25.12.86.
As the appellant stated in his statement to the Police, after obtaining a divorce from his Turkish-Cypriot wife he decided to leave the Turkish occupied area of Cyprus and accompanied by a friend of his, namely Soyer, entered through Louroujina village to the free area of the Republic on the night of 25.12.86.
From that night onwards and within the next 36 hours, he committed at night time 6 housebreakings, stealing from the houses broken into cash, jewellery and several other articles valued over £5,000 which were never recovered. [*127]
The appellant was arrested by the Police at Nicosia, on 31.3.87/ On arrest he denied any knowledge of the offences in question. When interrogated by the Police whilst in custody on 2.4.87 he met the charges against him with a denial. His plea to the formal charge on 7.4.87 was «not guilty». It was only as late as the 23.4.87 when he made a voluntary statement confessing the offences in question.
The appellant obviously in order to mitigate the gravity of his position alleged that the brain behind all the breakings was his friend Soyer and that his role was a minor one. The Assize Court without rejecting appellant's allegation that Soyer might have been the brain for the breakings, rightly held that the role played by the appellant was a substantial one, in particular in view of his fingerprints being detected in all but one of the houses broken into.
Counsel appearing for the appellant pleaded inter alia in mitigation the age of the appellant, his clean record, his repentance allegedly indicated by his voluntary statement to the Police in which he had made a clean breast, and after elaborating on the principles of sentencing forcefully argued that the sentence is manifestly excessive.
Having carefully gone through the record and having carefully heard what the learned counsel for the appellant had to say, we found it unnecessary to call on the other side.
It is obvious from the judgment of the Assize Court that without overlooking the reformatory character of punishment they were more concerned with the protection of the community. They referred in passing sentence to Nicolaou v. The Republic (1985) 2 C.L.R. 55 where we upheld on appeal a sentence of three years' imprisonment on a young soldier aged 19 serving in the National Guard for several shop-breakings and thefts which fetched to him monies and valuables amounting to £2,170 out of which more than half were recovered. In the present appeal the appellant is 24 years of age, he is an electrician and monies and jewellery stolen exceed the value of £5,000.-; nothing was recovered.
Delivering the judgment of the Court of Appeal in the Nicolaou case (supra) and laying stress to the «protection of the community» I concluded with the following which I feel that must be repeated in the present appeal: «And this end can only be achieved by the [*128] enforcement of the Law, such enforcement falling squarely on the shoulders of the Courts who must not flinch in discharging such duty.»
With the above in mind we hold the view that the sentence imposed by the Assize Court is neither manifestly excessive nor wrong in principle. The present appeal therefore fails and is accordingly dismissed.
Appeal dismissed.
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