2 C.L.R. 1983 February 9 [TRIANTAFYLLIDES, P., DEMETRIADES, SAVVIDES, JJ.] THE ATTORNEY-GENERAL OF THE REPUBLIC, Appellant. v. ANDREAS ELIA VASSILIOU, Respondent. (Criminal Appeal No. 4371). 5 10 15 20 Road Traffic—Sentence—Driving a motor vehicle whilst being disqualified and using such vehicle without a policy in respect of third party risks—Total fine of C£30 and disqualification for 45 days—Insufficient in view of the gravity of the offences and the previous convictions of the respondent—Disqualification increased to 12 months. The respondent pleaded guilty to the offence of driving a motor cycle while being disqualified for a period of two months from holding a driving licence and to the offence of using such motor cycle without a policy in respect of third party risks; and was sentenced to pay a fine of C£20 in respect of the first offence, a fine of C£10 in respect of the second offence and was, also, disqualified from holding a driving licence for a period of forty-five days. He had a previous conviction in respect of the first offence and two previous convictions in respect of the second. Upon appeal by the Attorney-General of the Republic against the insufficiency of the aforesaid sentences in view of the gravity of the offences concerned and the previous convictions of the respondent: Held,that the appeal is fully justified; and that the respondent should be disqualified from holding or obtaining a driving licence for a period of twelve months on each count. Appeal allowed. 25 Observations: It should be stressed that it is with great reluctance that this Court has refrained from imposing on the 325 Attorney-General v. Vassfliou
(1983)respondent a sentence ofimprisonment under section 20 of Law86/
- Appeal against sentence. Appeal bytheAttorney-General of the Republic against the inadequacy of the sentence imposed on the respondent who 5 was convicted onthe 1st November, 1982at the District Court of Limassol (Criminal Case No. 16652/82) on one count of the offence of driving a motor cycle while being disqualified contrary to section 20oftheMotor Vehicles and Road Traffic Law, 1972(Law No. 86/72) and on one count of the offence 10 of usingamotor cyclewithout apolicy inrespect-of third party risks contrary to section 3 of the Motor Vehicles (Third Party Insurance) Law,Cap. 333(as amended byLaw7/60)andwas sentenced by Hadjihambis, D.J. to pay £20.-fineon the first count, £10.- fine on the second count and was further 15 disqualified from holding or obtaining a driving licence for a period of forty-five days. A. Frangos, Senior Counsel of the Republic, for theappellant. Respondent appeared in person. 20 TRIANTAFYLLIDES P.gavethefollowingjudgment oftheCourt. The respondent has pleaded guilty, on the 1st November1982, before the District Court of Limassol, to, inter alia, charges of driving on the 31st October 1982a motor cycle while being disqualified foraperiod oftwomonths—asfrom the6thOctober 25 1982—from holding a driving licence, andof using such motor cycle without a policy in respect of third party risks. He was sentenced to pay, in respect of the first offence, a fine ofC£20 and inrespect ofthesecond offence afineofC£10 and was, also, disqualified from holding a driving licence for 30 a period of forty-five days. The Attorney-General has appealed on the ground that the aforesaid sentences areinsufficient inview of thegravity ofthe offences concerned and the previous convictions of the respondent. We find the appeal of the Attorney-General fully justified, especially asonthe4thMay 1982therespondent wasconvicted 326 35 2 CX.R. Attorney-General v. Vassiliou Triantafyllides P. of the offence of driving without third party insurance and he was sentenced to pay afineof C£15 and was disqualified from holding a driving licence for a period of six months, and yet, before the expiration of the said period, on the 6th October 5 1982, he was convicted of driving while being disqualified and of driving without third party insurance and was sentenced topayafine ofC£20andwasdisqualified from holdingadriving licence for a period of two months; and he committed again the same offences on the 31st October
- 10 Wehave reached the conclusion, in the circumstances of this case, that theproper course isto increasethe sentence that was passed upon therespondent for theoffenceofdrivingwhilebeing disqualified bymaking, inaddition tothefineof C£20,an order disqualifying therespondent from holdingorobtaining adriving 15 licence for a period of twelve months, in accordance with the relevantprovisionsinsection 19oftheMotor VehiclesandRoad Traffic Law, 1972(Law86/72);and, asregardsthesentencethat waspassed upon the respondent for drivingwithout third party insurance, to increase the period of disqualification from hold20 ing or obtaining a driving licence to twelve months, under section 3
(3)of the Motor Vehicles (Third Party Insurance) Law, Cap.333,as amended by the Motor Vehicles(Third Party Insurance) (Amendment) Law, 1960 (Law 7/60). We should stressthat it iswith great reluctance that wehave 25 refrained from imposing on the respondent a sentence ofimprisonment under section 20 of Law 86/72. In the result this appeal is allowed accordingly. Appeal allowed. 327