1«w. CJosiiPniniis. S T A V K I N H I I S , JJ., A N D H A I X I I A N A STASSIOU. A G . J . | !><-<·. IS D L M L T U I O S C I Ι ' Λ Ν Ί Ί Ι Ο Ι IS. li.MhTHi.is C.^NiNo.-s Appellant. r. T H R POUCH THB POLICri, {Criminal Criminal Law- Sentence breach of Probation excessive —Appellant and substituted Sentence Order Appeal No. 2867) of imprisonment—1'or the Appeal against sentence as being a young with a Probation person— Sentence set aside Order—Juvenile Offenders Law, Cap. 157, section 12andthe Probation of Offenders Law, Cap. 162. section 8
(1)
(2)(r/>. Sentence—See under " Criminal Probation—See under " Criminal Law—Sentence Law—Sentence " above. " above. T h e appellant, a young person o f 15years, wastried in the District C o u r t o f Nicosia f o r stealing o n 4.8.
- at Nicosia, a bicycle, market! '" R a l e i g h " valued at £12.the property o f one A . H . , contrary to section 262o f the C r i m i n a l Code. Cap. 154,a n d section 12 o\' the Juvenile Offenders L a w , Cap.
- and alter tie had pleaded guilty I Dthesaid charge. he was placed on Probation l o r ;i period οΐ three veais. O n the4 t h December, l'J6o. the probationer appeared before a Judge of the District C o u r t o f Nicosia the supervising Court- under seelion 8 ( I ) a n d
(2)o f the Probation o f Offenders L a w ,Cap. 162, f o r having failed to c o m p l y w i t h the requirements o f his p r o b a t i o n order : theC o u r t exercising the powers conferred upon it under section 8
(2){a) o f the Law dealt w i t h h i m as i f it had just convicted h i mf o r the offence in respect o f which the p r o b a t i o n order was made and sentenced him to 6 months" i m p r i s o n m e n t . Hen o w appeals against this sentence, o nthe g r o u n d that it is excessive. In a l l o w i n g the appeal (he C o u r t . Held. ( I ) what we t h i n k should have been done in this case is. i n t h e first instance, a report t o t h e C o u r t under section 4 οϊ the Probation o f Offenders L a w .Cap. 162,and ihc appearance ol the probationer before a Judge f o r some 12(1 1<i66 item warning. Wc are not laying this down as a condition e precedent to the taking of proceedings under the provisions ^_ of section 8 of the law, but we are of opinion that in this DEMETRIOS particular case this course should have been followed. CLKANTHODS V.
(2)Considering that the probationer has been in prison since the 4th November, and that today he has apologized and shown remorse, the Court, with some hesitation, has decided to give him another chance. THE POLICE
(3)We, accordingly, allow the appeal, set aside the sentence of six months* imprisonment, and make a new Probation Order for a period of two years from today. Appeal allowed. Appeal against sentence. Appeal against the sentence imposed on the appellant who was convicted on the 4th November, 1966, at the District Court of Nicosia (Criminal Case No. 5110/64) on one count of the offence of stealing,contrary to section 262 of the Criminal Code, Cap. 154 and section 12 of the Juvenile Offenders Law, Cap. 157 and was sentenced by Stylianides, D.J., to six months' imprisonment. Appellant, in person. S. Georghiades, Counsel of the Republic, for the respondents. T h e judgment of the Court was delivered by : JOSEPHIDES, J.: We are of the view that the Probation Officer in this case has done very well in the difficult circumstances that she had to cope with and considering that she took over about seven months prior to the present application to the Court that the probationer be dealt with for breaking the conditions of the probation order. T h e probationer was a very difficult case and apparently he was not prepared to co-operate. What we think should have been done in this case is, in the first instance, a report to the Court under section 4 of the Probation of Offenders Law, Cap. 162, and the appearance of the probationer before a Judge for some stern warning. We arc not laying this down as a condition 121 1<J(,<i ""'' t>i-Mimios precedent to the taking ol proceedings under the provisions of section 8 of the Law, but wc arc of opinion that in this particular case this course should have been billowed. t;i.l'ANI'l|iil's v. Tim ΡΟΙ.ΚΊ. Considering also thai the probationer has been in prison since the 4th November, and that today lie has apologized and shown remorse, the Court, with some hesitation, has decided to give him another chance. We accordingly allow the appeal, set aside the sentence of six months' imprisonment, and make a new Probation Order for a period of two years from today. T h e probationer shall comply with the following requirements :
(1)He shall carry out the instructions of the Probation Officer as to hi.s conduct and mode ol living and visit or receive visits from the Probation Officer as he or she ύν.ύ\ direct and report to him or her forthwith any change of residence or place of work.
(2)During the period 1st October to 31st May, the probationer shall stay indoors from 8 p.m. every day, except Saturdays, when he maν stay out until 10 p.m. ; and, during the period 1st June to 30th September, he shall stay indoors from 10 p.m., except Saturdays, when he mav stay out until 11 p.m. Appeal allowed. Sentence set aside. in the above terms. Probation Order ()rdct· accordingly. 122