clr/1965/1965_2_115.pdf

< [ Z E K I A , P., TRIANTAFYLLIDES, JOSEPHIDES, JJ.] '965 Nov. 26 DEMETR1S M I C H A E L K O N T O S , DEMETHIS Appellant, MICHAEL v. KONTOS THE REPUBLIC, THE REPUBLIC V. Respondent. (Criminal Appeal No. 2801) Criminal Law—Sentence—Appeal—Sentence of six years' imprisonment for grievous harm, contrary to section 231 of the Criminal Code, Cap. 154—Appealed against on the ground that it is excessive—No ground for reducing sentence—Appellant unbalanced with similar previous convictions—Recommended to be mentally examined—Appeal dismissed. The appellant appealed against the sentence of six years' imprisonment imposed on him by the Assize Court of Nicosia for the offence of grievous harm, contrary to section 231ofthe Criminal Code, C a p . 154,on the ground that the sentence was excessive. The record showed that the appellant had a heavy list of similar previous convictions" and that he was mentally unbalanced. The Court of Appeal held that there was no ground for reducing his .sentence, dismissed the appeal and recommended that the appellant be examined mentally. Appeal dismissed. Sentence •to run from the date of conviction. Appeal against sentence. A p p e a l against t h e s e n t e n c e i m p o s e d o n t h e a p p e l l a n t w h o w a s c o n v i c t e d o n t h e 19.10.65, at t h e Assize C o u r t of N i c o s i a ( C r i m i n a l C a s e N o . 8195/65) o n o n e c o u n t of t h e offence of g r i e v o u s h a r m ; c o n t r a r y t o section 231 of t h e C r i m i n a l C o d e , C a p . 154 a n d w a s s e n t e n c e d b v D e r vish, P . D . C , G e o r g h i o i i a n d M a v r o m m a t i s , D . J J . to six years' imprisonment. A p p e l l a n t in p e r s o n . A. Frangos, counsel of t h e R e p u b l i c , l o r t h e r e s p o n d e n t . * The previous convictions of the appellant appear at the end of the judgment at p. 116 post. 115 1965 N o v 26 DEMETHIS MICHAEL KONTOS II. T H E REPUBLIC The judgment of the Court was delivered by : ZEKIA, P. : We have heard what you had to say about your case for reducing your sentence, but the only thing in your favour is that you are an unbalanced man. Due to the behaviour and conduct of your wife, it appears that you got angry with her and you wanted to do away with her. Anyhow, using a hatchet on her head and shoulder twice has no other meaning other than killing her. There­ fore, we do not find any ground for reducing your sentence, but we have already recommended that you will be exa­ mined mentally by a doctor. That might help you a lot. If you were out now, in the present condition, you might become again verv dangerous to the members of your family and public. The appeal is dismissed. the date of conviction. The sentence to run from Order accordingly. Previ ous Convictions : 1. in yi'jis 2 Ϊ 0 . ο.ί'λιί» D r u n k ant! assaulting point. 4 weeks»' i m p r i s o n m e n t . Assault 4 months' imprison­ ment. i. I S . 2.1*HS Causing bodilv h.irm. l i . O . for two years t o c o m e u p for j u d g m e n t . 4. 1. 9 . I 9 4 S WouiiJm^. 1 month unpiisonntuit. 5. 2. 4 1 9 4 K Assault o c c a s i o n i n g 4,2.10.0 h n e . actual bodilv b a r m . 6. 7. 20. 1.1 «M*J l ) 12.1«J52 \ t t e m p t to stab Assault. i.i fine H.O for t w o \ e . n s to Lome u p for j u d « m t * n t . S. 7.11.IW \ssault occasioning 1.1 1.0 finf. actual bodily h a r m <J. 11. 2.1'K.I \ssault occasioning actual bodily h.irm. 10. i> 11.1'JM \ggravaU-tl assault. 15 d a y s ' i m p i i s . i n i n e n l . 3 months' ment. 11. 1 7.1'J(>4 \ s s a u l t c a u s i n g atlii.il bodilv h a r m . 116 *r t 10 line. imprison­