(1979)1979 July 6 [A. Loizou, MALACHTOS, SAWIDES, JJ.] NICOS ALECOU, Appellant, v. THE POLICE, Respondents. (Criminal AppealNo. 4050). Criminal Law—Sentence—Dangerous driving—Three months* imprisonment and six months* disqualification from holdingor obtaining a driving licence—Seriousness of offencesrelatingto safety on the road—Frequent and disturbing occurrence ofroad accidents—In addition to serious consequences thatresultedfrom hisdangerous driving appellant hadthreeprevious convictionsfor roadtrafficoffences—Sentenceasawholenotmanifestlyexcessive. Road traffic—Dangerous driving—Sentence—Seriousness of the Offence. The appellant pleaded guilty to a charge of dangerous driving 10 and was sentenced to three months* imprisonment and disqualified from holding or obtaining a driving licence for a period of six-months. Upon appealagainst sentence: Held, that offences relating to safety on the road are of a 15 serious nature; that the disregard of the rules and regulations aimed at having safe and orderly useoftheroadsbyboth drivers and pedestrians, coupled with the density of the traffic on our roads, have brought about a frequent and disturbing occurrence ofaccidents resulting both indamageto property and injury and 20 death to persons; that, for these reasons, road users and in particular those in charge of motor-vehicles, should always observe the relevant rules and regulations for their own safety and that of others; that examining the sentence which was passed upon the appellant asa whole,including the disqualifica- 25 tion order, there is no valid reason for interfering with it; and that, accordingly, the appeal must be dismissed. Appeal dismissed. 218 5 2 C.L.R. Alecoo τ. Police Appeal against sentence. Appeal against sentence by Nicos Alecou who was convicted on the25thJune, 1979attheDistrictCourtof Nicosia(Criminal Case No. 28977/78) on one count of the offence of dangerous 5 driving, contrary to sections 7
(1)and 19 of the MotorVehicles and Road Traffic Law, 1972 (Law 86/72) and was sentenced by Nicolaou, Ag. D.J. to three months* imprisonment and dis qualified from holdingor obtaining a driving licencefor a period of six months. 10 Th. Montis, for the appellant. S. NicolaideSy Senior Counsel of the Republic, for the respondents. The judgment of the Court was given by: A. Loizou J.: The appellant having been found guilty, on 15 his own plea, to a charge of dangerous driving, contrary to sections 7
(1)and 19 of the Motor Vehicles and Road Traffic Law, 1972 (Law No. 86of 1972), was sentenced to three months imprisonment and disqualified from holding or obtaining a driving licence in respect of a motor vehicle for a period of six 20 months. He was further ordered to pay £5.—the costs of the prosecution. His appeal against sentence is on the ground that same is manifestly excessive. The circumstances of the case are as follows: 25 Theappellant on the21st June, 1978 at 00.05 hrs.was driving motor-car ZHQ.936 along Strovolos Avenue to the direction of Nicosia. At a certain point near "Halcousis" factory, hecame to be the third in line to two preceding vehicles travelling tothe same direction. The second vehicle then,tried to overtake the 30 first intheline. At themomentwhen thetwofirstvehicles were side by side, the appellant attempted to overtake them by using in that process the berm on the right side of the road. The result was that he obstructed thepath of theon-comingmotortaxi under Reg. No. TJW.665, and there followed a violent 35 head-on collision, despite the fact that the taxi driver applied brakes in an attempt to avoid this impact. Inconsequence,the two vehicles sustained extensive damage and the appellant, the taxi driver and two other persons, suffered minor injuries, whilst another passenger in the car of the appellant was 40 rather seriously injured. 219- A. Loizou J. Alecou'V. Police
(1979)The appellant is a displaced person from Trachonas married with threeminorchildren and a professional driver for 11 years. The civil claims between the parties were settled and he was about, at"the time of the trial, to be employed as a driver on a motor-lorry. Now, however, he is oriented towards setting up a little restaurant at Strovolos; hence,accordingtohiscounsel, his release from prison would facilitate thesetting upof hisnew business. 5 In the present case the appellant, in addition to the very dangerous way of driving which had the serious consequences 10 earlier referred to,has threeprevious convictions, all suggesting an attitude,to put it mildly, of lack of respect for safety onthe road. In 1975 for speeding, hewasfined£12.—andbound over in thesumof£100.— for 18monthsto keep theTraffic Lawsand Regulations. In 1976 for careless driving he was fined £25.—τ 15 and the previous binding over was ordered to remain in force. In 1977 for speeding he was disqualified for three months. Disqualification from driving was tried on him on the last occasion but it apparently failed to have any deterrenteffect on him and the learned trial Judge fully cognizant of his responsi- 20 bility toseethat theLaw was duly obeyed,imposed onthe appel lant, in addition to a period of disqualification , a custodial sentence. No doubt, offences relating to safety on the road are of a serious nature. The disregard of the rules and regulations 25 aimedathaving safe andorderly use of theroadsby both drivers and pedestrians, coupled with the density of the traffic on our roads, have brought about a frequent anddisturbing occurrence of accidentsresulting both indamage toproperty.and injury and death to persons. For these reasons, road users and in 3Q particular those in charge of motor-vehicles, should always observe the relevant rules and regulations for their own safety and that of others. Examining the sentencewhich was passed upon theappellant as a whole, including thedisqualification order,wefindnovalid 35 reason for interfering with it. Therefore, this appeal is dismissed accordingly. Appeal dismissed. 220.