1965 Nov. 25 [ZEKIA, P., TRIANTAFYLLIDES, JOSEPHIDES, JJ-] DEMETRIOS K. M1CHAELIDES, DEMETRIOH K. Appellant, MICHAELIDES v. v. THE THE REPUBLIC, Respondent. {Criminal Appeal No. 2800) Criminal Law—Sentence —Appeal—Appeal against concurrent sen tences of six years''and 2year's imprisonment for uttering afalse document and obtaining money byfalse pretences—The Criminal Code,Cap. 154, sections 335, 336, 339, 20 and298—Therecanbe no finding, in the circumstancesof this case, that sentence was excessive—Even if old previous convictions taken into account by trial Court, are left out of consideration—Appeal dismissed. The main ground relied upon by Counsel in this appeal against concurrentsentences of 6 and 2 years, imprisonment for (apntering~a~false document contrary to sections 335, 336, 339 and 20 of the Criminal Code,Cap. 154 :and (Λ) for obtaining money by false pretences contrary to sec tion 298 of the Criminal Code,was thatthetrial Courthas unduly taken into consideration appellant's previous convictions* some dating 13 years prior to conviction and sentence. The Court of Appeal in dismissing the appeal held :
(1)In this particular case, there was a lot of planning and scheming and also there was multiple forgery.
(2)The sum involved was not a trifling one,it was something over £800 and out of the sum nothing was recovered.
(3)Even if we leave out of consideration your previous con victions we would not find that the sentence passed on you was an excessive one. Appeal dismissed. Sentence to run from the date of con viction. ° The previous convictions· of the appellant appear at the end of the judgment at p. 114 post. 113 REPIBLIC 1965 Nov. 25 Dl MFIHlO.s Κ 5 MlCHAFI I P ' ^ THI R I i'i m ic Appeal against sentence. Appeal against the sentence imposed on the appellant who was convicted on the 19.10.65 at the Assize Court of Nicosia (Criminal Case N o . 10085/65) on two counts of the offences of forgery and obtaining money by false pre tences contrary to sections 335, 336, 339, 20 and 298, of the Criminal Code, Cap. 154 and was sentenced by Dervish P.D.C. Georghiou and Mavrommatis, D.JJ., to six years' imprisonment on count 1 and two years' im prisonment on count 2, the sentences to run concurrently. L. for the appellant. Papaphilippou, S. Georghiades, counsel of the Republic, for the res pondent. T h e j u d g m e n t of the Court was delivered by : ZEKIA, P. : We have heard your counsel putting for ward the grounds for reducing the sentence imposed on you. H e made the point that the trial Court has unduly taken into consideration your previous convictions, some dating 13 years prior to your conviction and sentence. But in this particular case, there was a lot of planning and scheming and, also, there was multiple forgerv ; also, the sain involved was not a trifling one, it was something over £800, and out of this sum nothing was r e o n e r e d . Even if we leave out of consideration your previous convictions, we would not find that the sentence passed on you was an excessive one. In the circumstances, vour appeal is dismissed and vour sentence will run as from the date of conviction. Appeal dismissed. Sentence to tun from the date of con viction. Previous Convictions 1. 1H 10.1'f52 Control of p i o p u n ίχΊοη^ιηίί to the Ciow n d months' nient 2. 2S.10.19S2 Attempting to --L: tin to yoocis in ι build- 2 years' impnsonment to run after tin· expira tion of the sentence •n 1. i n <_'. 1. 0.11.1952 4. 6.11.1452 . impri >on- Bcnifi .i bankiupt fdiled ID keep propertA bonks '* months' ment. Hemt; .ι bankrupt des troyed books and do cuments relating to his property. 1 year imprisonment. Sentences m 3 and 4 were to run eoneuirentlv. 114 impiison-