2 C.L.R. 1981 September 2 [TRIANTAFYLLIDES, P., MALACHTOS, SAVVIDES, JJ.] ANDREAS EVGENIOU, Appellant, v. THE POLICE, Respondents. (Criminal Appeal No. 4238). 5 Criminal Law—Sentence—Attempting to depart from the Republic by sea, without a passage ticket and without the permission of the Minister of Interior—Concurrent sentences of two months' and six months' imprisonment—Appellant's young age and two similar previous convictions—Sentence not excessive in wen of theseriousnessof theoffenceandobject of therelevantlegislative provisions—Not made to rim from date of dismissal of appeal in view of very young age of appellant and because he made the appeal without legal assistance. 10 Criminal Procedure—Appeals againstsentence—Groundless appeals— Whether to be discouraged by ordering that the sentence should run asfrom the date of dismissal of the appeal—Section 147
(1)of the Criminal Procedure Law, Cap. 155 (as amended by Law 12/75). *5 This was an appeal against the concurrent sentences of two and six months' imprisonment which have been, imposed on the appellant for the offence of attempting to depart from the Republic by sea, without possessing a passage ticket and for the offence of attempting to depart from the Republic without the permission of the Minister of Interior. The appellant was eighteen, years old and he had two previous convictions for similar offences. 20 25 Held, that the offences in question are, indeed, serious, in view of the object of the relevant legislative provisions especially when such object is looked at against the background of the anomalous situation prevailing at present in this Country; 213 Evgeniou >. Police
(1981)that, therefore, the appeal must bedismissed but in view ofthe young age of the appellant and as he has made this appeal without legal assistance no order that the sentence should run from to-day will be made. Appeal dismissed. 5 Appeal against sentence. Appeal against sentence by Andreas Evgeniou who was convicted on the 25th Juno, 1981 at the District Court of Limassol (Criminal Case No. 9738/81) on one count of the offence of attempting to depart from the Republic by sea 10 without possessing a passage ticket, contrary to sections 3 and 5 of the Departure from the Republic (Regulation) Law, Cap. 107 and on on·, count of the offence of attempting to depart from the Republic without the permission of the Minister of Interior, contrary to section 3 of the 15 Citizens of the Republic (Temporary Provisions on Exit) Law, 1974 (Law 49/74) and was sentenced by Eleftheriou, D.J. to two months and six months' imprisonmtnt respectively, the terms of imprisonment to run concurrently. Appellant app^ar^d in person. A. Vladimirou, for the respondents. 20 TKIANTAFYLLIDESP. gave thefollowing judgment ofthe Court. The appellant pleaded guilty to the offence of attempting to depart from the Republic by sea,for the purpose of proceeding to GrcLce, without possessing a passage ticket, contrary to 25 sections 3and 5ofthe Departure from the Republic (Regulation) J-aw, Cap. 107,and, also, to the offence ofattempting to depart from the Republic without the permission of the Minister of Interior, contrary to section 3 of the Citizens of the Republic (Temporary Restrictions on Exit) Law, 1974(Law 49/74). 30 He was sentcnc.d, respectively, to periods of two months, and six months' imprisonment, both terms to run concurrently. While being in prison he appealed, without the benefit of the assistance of counsel; and today he appears in person and has not requested to be afforded legal assistance. He has contended that the sentences which have been passed upon him are manifestly excessive. He is eighteen years old but, unfortunately, he has twopre214 35 2 C.L.R. Evgeniou γ. Police Triantafyllides P. vious convictions for offences of exactly thesame kindinrespect of which he was sent to prison for threemonths. We agree with the learned trial Judge that the offences in questionare,indeed,serious,inviewof the object of therelevant 5 legislative provisions which the appellant has infringed in committing such offences and, especially, when such object is looked at against thebackground of the at present prevailing in our country anomaloussituation. We have, therefore, no difficulty in dismissing this appeal. 10 What we have hadtoconsider with some anxiety was whether this was a proper case in which to demonstrate that'groundless appeals are to be discouraged by ordering under section 147
(1)of the Criminal Procedure Law, Cap. 155, as amended by the Criminal Procedure (Amendment) (No. 2) Law, 1975 (Law 15 12/75), that the sentences imposed on the appellant should run as from today. Inthe end,we have agreed that we should not do so in the present instance,in view of his very young age and as he has made this appeal without legal assistance. Appeal dismissed. 215