clr/1962/1962_1_126.pdf

(3). Sentence—Inadequacy-~Appeol by the Attorney-General. The respondent was convicted for fading t o comply with an order of the Court to fill in a well, contrary to section 13 of the Wells Law, Cap. 351 and was sentenced to pay a fine of 750 mils. On appeal by the Attorney-General against the inadequacy of the sentence : Held : A fine of 750 mils was manifestly inadequate. AppealagainstsentencebytheAttorney-GeneraloftheRepublic. The respondent was convicted on the 27.2.62 at the District Court of Kyrenia (Cr. Case No. 2060/61) on one count of the offence of failing to comply with the order of the Comlgiven in Case No.820/60contrary lo ss.3and 13of the WeJIs Law, Cap. 351 and was sentenced byAvni,D.J. topay a fine of €0.750 mils and £2.250 mils costs. V, Aziz for the appellant. Respondent in person. The judgment of the Court was delivered by :— JOSEPHIDES, J. : There is a provision in the Wells Law, Cap. 351, empowering the District Officer to have the well tilled in at the expense of the respondent (Section 13

(3)). The Law further provides that any costs incurred for the fillinginof thewellshallberecoverablefrom therespondentas a penalty under theprovisionsof the Criminal ProcedureLaw, Cap.

1. To put it in simpler language, the District Officer has the right to send his men to the garden of the respondent 126 to fill in the well and charge him with the cost ; and we are prepared to adjourn thecase for 15days to give the opportu­ nity to the District Officer to send his men to do this. But the respondent will be bound to pay all the expenses incurred by the District Administration in having the well filled in, and if he fails to pay those expenses he will be sent to prison. Does the respondent understand that? Respondent: Yes. *" JOSEPHIDES, J. : We shall accordingly adjourn this case to the 15th of June, and we shall then consider what punishment to impose on the respondent for having failed to obey the order of the Court to fill in the well. The fine of 750 mils imposed by the trial Judge is mani­ festly inadequate and that sentence is set aside. The question of .punishment, as already stated, will be considered by this Court on the 15th of June, at 9.30 a.m. I ought to add this : if the respondent will start filling in the well within the next 4 or 5days then the District Officer will not proceed to do it himself and the respondent will not have to pay any expenses. Respondent: 1 humbly pray that my case may be ad­ journed to the 25th or 26th of June so that I may be able to fill in the well myself. WILSON, P. : You will fill it in by that time? Respondent; Yes. WILSON, P. : You understand now that you must have that well filled in? - Respondent: Yes. JOSEPHIDES, J. : Case is accordingly adjourned Ιο the 22nd of June, al 9.30 a.m. 22nd of June,
2. Counsel for the Republic informed ihe ComI thai the respondent had filled in the well. WILSON, P. : Wc have considered the question of a 127 1962 June 1, 22 THE ATTORNEYGENERAL v. MEHMED H A L I L IBRAHIM 1962 June I, 22 I Ml· A T I O K M V (ilNtRAI
3. M I I I M I i> II \ ' ii lllR.MIlM \ \ iK.iil I' further penalty in this case. Y o u , the accused, defied the , , . , order of the trial court and it was only when the case came before us you finally complied with the direction that the well must be filled i n . I hope you now realize.you must do what the ("ourl orders and to further impress this upon you we direct that you enter into a bond or recognizance in the sum o f 150 to keep the law and be of good behaviour during 2 ye;ns Horn today. You must enter into this bond today before you go away. Wc wish to emphasize that in making thi.s condition we are dealing only with the particular facts o f this case. We confirm the opinion expressed by M r . Justice Josephides on the 1st o f June that the fine imposed by the trial Judge in this case was inadequate. We recognize, of course, there can be no specific rule as to the amount o f the penalty in any particular case but having said this wc are o f the opinion that the fines which wc have sustained here recently, amounting to £50 and £73, in cases such as these, should be brought to the attention o f the trial Judge. Appeal allowed. Sentence of fine set aside. Appellant bound over in his own recognizance in the sum of £50 to keep the peace for two years. 128