IN RE FANIEROS (1988) 1 CLR 276

(1988)1 CLR 276 ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ CyLaw | Αναφορικά μ'εμάς | " target="_top">Επικοινωνία | Όροι χρήσης Έρευνα - Κατάλογος Αποφάσεων - Εμφάνιση Αναφορών (Noteup on) - Αρχείο σε μορφή PDF - Αφαίρεση Υπογραμμίσεων

(1988)1 CLR 276 1988 April 30 (A. LOIZU, P.) IN THE MATTER OF AN APPLICATION BY ANTONIS CHAMBI FANIEROS, Applicant, AND IN THE MATTER OF DIRECTOR OF PRISONS, Respondent. (Application No. 65/88). Sentence-Remission of-Part of sentence remitted by President of the Republic under Art. 53.4 of the Constitution-How in such a case the remission under Reg. 92 of the Prison (General) Regulations 1982 should be calculated. The applicant was sentenced to 4 years' imprisonment as from 25.3.

1. On 3.3.88 the President of the Republic remitted under Art. 53.4 of the Constitution the one fifth of the sentence of the of the convicts serving a term of imprisonment. The Prison Authorities deducted the one fifth of the 4 years of the said sentence and on the remainder they applied Reg. 92 of the Prison (General) Regulations 1982, reducing further the sentence by one third of such remainder. The applicant disagreed with such method and, as a result, filed this application, contending that his sentence ended on 5.2.
2. Held, dismissing the application: As good conduct is a necessary prerequisite for the remission under Regulation 92, the said Regulation cannot operate on the remission granted by the President as it is not a period to be served and consequently there is no opportunity for the prisoner to exhibit good conduct and industry and thus earn remission of the period too. Application dismissed. No order as to costs. Cases referred to: Triftarides v. Republic

(1985)1 C.L.R. 514 and on appeal

(1985)1 C.L.R. 569. Application. Application by Antonis Chambi Fanieros for an order of habeas corpus and subjiciendum on the ground that his detention at the Central Prisons is unlawful. L. Clerides with E. Efstathiou and N. Clerides, for the applicant. M. Kyprianou, Senior Counsel of the Republic, for the respondent. Cur. adv. vult. A. LOIZOU P. read the following judgment. The applicant seeks an order for habeas corpus and subjiciendum on the ground that his dentention at the Central Prisons in Nicosia is unlawful. The applicant was sentenced by the Assize Court of Larnaca, on the 5th June 1986 to five years' imprisonment for having committed various offences contrary to the Criminal Code. In accordance with the order of the Court his imprisonment was to start as from the 25th March, 1985, when he was remanded in custody. On appeal, however, the said sentence was reduced to four years' imprisonment. On the 3rd March, 1988, the President on the occasion of his assumption of his office and exercising the powers vested in him under Article 53

(4)of the Constitution and the unanimous recommendation of the Attorney - General of the Republic, reduce the sentence of the convicts serving a term of imprisonment, except of the those who had the benefit of a reduction of their sentence on previous occasions. For the calculation of the date of release from prison of the applicant, the prison authorities followed the following method, having in mind, as stated in the affidavit sworn by the appropriate prisons officer and filed in support of the opposition, the Law, the Regulations and the judgment in the case of IoannisTriftarides v. The Republic

(1985)3 C.L.R.

1. (b) On the basis of the three years two months, twelve days there was applied Regulation 92 of the Prisons (General) Regulations 1982 and reduced further the sentence of the applicant by one year and twenty-four days.>> On that basis as tabulated in the affidavit which I need not reproduce here, the date of release of the applicant is the 12th May,
2. It has been the contention of counsel for the applicant that the one third remission of sentence provided by Regulation 92 for good conduct and industry should be deducted, not from the four years sentence that the applicant is serving but after deducting therefrom the one fifth of the sentence according to the remission given by the President which is nine months and eighteen days. So on the basis of that calculation the applicant it was urged ought to have been released on the 5th February,
3. What the applicant really wants is that the one third under Regulation 92 should be deducted from the sentence after same is reduced the remission granted by the President of the Republic. In the case of IoannisTriftarides (supra) the Full Bench sitting on appeal from a judgment of the then President of this Court reported under the same name in

(1985)1 C.L.R. 514, this Court affirmed the first instance judgment and took the view that as good conduct is a necessary prerequisite for the remission, in that case under Regulation 94, in our case under Regulation 92, the said Regulation cannot operate on the remission granted by the President as it is not a period to be served and consequently there is no opportunity for the prisoner to exhibit good conduct and industry and thus earn remission of that period too. That approach of the Full Bench is equally applicable to the facts and circumstances of the present case. On the basis of the above and being satisfied that the method of calculation of the appropriate authorities is the proper one under the law and the Regulations, this application is dismissed, but in the circumstances there will be no order as to costs. Application dismissed. No order as to costs. cylaw.org: Από το ΚΙΝOΠ/CyLii για τον Παγκύπριο Δικηγορικό Σύλλογο