(1986)1986 December 16 [A. Loizou, MALACHTOS, DEMETRIADES.- JJ-1- KAMIL MOHAMED ; SAID KABBAR'A, Appellant, v. THE REPUBLIC, Respondent*. (Criminal Appeal No. 4781). Sentence—Possession of controlled drug (39.5 grams of, cocaine), and supplying on two' occasions the same personin Larnaca with such controlled drug, (half and one grams of cocaine)—Appellant aged 27",. coming, from- Lebanon-— Offence' attributed to his tragic experience from & very 5 young age due to- the situation prevailing, in that Country —Fact that the drug was pushed onto the Cyprus market is an aggravating factor—Four years' imprisonment- oneach-of the three counts, the sentences to-run concurrently —Upheld. The1 appellant,- who1 comes from" Lebanon, is 21· years of age. A substance, weighing 39.5' grams containing 26% of cocaine- was- found' in his possession. The appellant* re-vealed to the police that, on two occasions- he supplied Charalambos Georghiou Charalambous,. of Larnaca Half 15 and. one grams of cocaine for which he was paid" £20;for- each- dose. Counsel: for the appellant attributed the commission'^ of" the offence to" the: tragic" experience of·' the· appellants fronv a'f very, young, age on' account of the conditions1 prevailing in his country: The appellant com- 20 plained1 tKat. the sentence' of four years'" imprisonment. i's< manifestly excessive: Held) dismissing the appeal: (if. The: calamity, that has· befallen' to* our- neighbouring: country, should^ not" sway the Cyprus- Courts from! doing, their, duly ih:- protecting our 25 100- 10 2 C.L.R. 5 Kabbara v. Republic people and in a wider context other peoples too from the social menace of trafficking in narcotics. As it has been stressed by this Court· in ElLEtri and Others v. The Republic
(1985)2 C.L.R. 40 deterrent sentences are essential in this kind of cases for more reasons than one.
(2)The fact that in this case the drug was pushed onto the Cyprus market is a. most worrying situation, and constitutes an aggravating factor. There, is no., merit in, this appeal. 10 Appeal dismissed. Gates referred:to:. El-Etri and,Others,v. The; Republic (1.985)
- C.L.R.
- Appeal· against sentence. Appeal against· sentence, by. Kamil, Mohamed. Said 15 Kabbara. who was; convicted· on* thc; 23rdi September,. 1986 at/the,;Assize Court- of- Larnaca» (Criminal*Case^No; 10864/ 86), on. one. count of. the· offence of; possessing controlled drugs contrary, to sections 2, 3", 6
(1)
(2), 30. andt 31·. of the Narcotic Drugs; and- psychotropic, Substances Law,. 1977 20 (Law. No.. 29/7-7), and., on; two counts, of; the. offence of supplying controlled'· drugs- to another person, contrary to sections.: 2) 3;. 5
(1)(b)
(3),(a), 30" and- Jli of-" the- above.Law and was: sentenced" by Papadopoulos, P.D:C:, Constantinides,, S:D.J: and' G. Nicolaou,. D:J. to concurrent 25 terms of' four- yearsV imprisonment: on each count; Appellant-; appeared· in* person; A:, M,_ Angelides,. Senior- Counsel, of. the ; Republic;, for the; respondent:. A. Loizou J. gave, the*following' judgment- off the.-Court;. 30. The. appellant: was-, sentenced; by.' the? Assize- Courts ofs Larv naca, to·four.-years, imprisonment, on: each, of the threecounts, sentences, to. run: concurrently.. The, first, one; was^ for possession, of, controlled, drugs of; Class-(A)>of" Part. 1, of, the Hirst.Schedule,, namely-, 39~;5j grams:of;cocaine con3« trary.to>Sections. 2;, 3,. 6
(1)
(2),. 30; and; 31! of. the Narcotic; Drugs and Psychotropic; Substances Law,. 1977 191. A. Loizou J. Kabbara v. Republic
(1986)iLaw No. 29 of 1977) as amended by Law No. 67 of 1983 without a permit from the Minister of Health and the second and third counts for supplying on two different dates such controlled drug, i.e. half and one grams of cocaine respectively to another person in Larnaca, namely 5 Charalambos Georghiou Charalambous, contrary to Sections 2, 3, 5
(1)(b)
(3)(a), 30 and 31 of the same laws. The appellant comes from Lebanon, is twenty-one years of age unemployed. He arrived in Cyprus through the Larnaca port on board the passenger boat "Sunboat". He 10 was given a visitors visa until the 10th September 1986, and stayed at the hotel "Constandia". On the 8th September on the strength of a judicial warrant the Antinarcotic Squad of the Larnaca Police, searched in his presence his room and found in the drawer of the side-table a small 15 bottle containing white powder which he admitted to have been cocaine for his personal use. Indeed, upon its examination by the Government analyst it was found to weigh 39.5 grams and to contain 26% of cocaine. The appellant gave a voluntary statement as to the circumstances he 20 came to possess that controlled drug and he revealed that on two occasions he supplied half and one grams of cocaine to the same person, namely Charalambos Georghiou Charalambous of Larnaca, for which he was paid twenty pounds for each dose. This is indicative of the street value 25 of the total quantity possessed by the appellant. All mitigating factors were placed before the Assize Court by the appellant's learned counsel who attributed the commission of the offence to the tragic experience of the appellant who as from a very young age on account of 30 the conditions prevailing in his country was forced to live the savagery of the war in Lebanon and see his family ruined. It was stressed, that in consequence, he was compelled to interrupt his studies and remain unemployed, so be- 35 coming an easy pray to temptation. The seriousness of offences of this nature in which most regrettably a good number of Lebanese people visiting Cyprus are frequently involved, has been stressed by the 192 2 C.L.R. Kabbara v. Republic A. Loizou J. Courts of Cyprus time and again. Jn the case of El-Etri and Others v. The Republic
(1985)2 C.L.R. 40 wc had the occasion to point out that deterrent sentences are essential for more reasons than one, more so for offences where there are the elements of trafficking and trading, that is trading in destruction and ultimate death. We noted also that Cyprus has been in recent years used as a transit place by foreign nationals for drug trafficking and that the Courts here have a duty to make our country an uninviting place for such visitors. In this particular case, there is one additional aggravating factor, namely that this hard narcotic was pushed on to the Cyprus market and this is a most worrying situation. We feel sorry for the calamity that has fallen on this nice neighbouring country through the savagery of war with all its consequences on its inhabitants but that should not sway the Courts of Cyprus from doing their duty for the protection of our people and in a wider context the peoples of other countries who are likely to pay the price of this illicit trafficking in narcotics which arc a social menace against which a campaign with international cooperation is and should constantly be maintained. For all the above reasons we find no merit in this appeal which is hereby dismissed. Appeal dismissed. 193