2 C.L.R. 1986September 29 [TR1ANTAFYLLIDES Ρ LORIS KOURRIS JJ ] MICHAELYOUSEFKHALIFEH, Appellant, υ THE POLICE, Respondents (Criminal Appeal No 4727) Sentence — Possessing 485 grams of heroin and trafficking in narcotics — 5 Appellant, an alien 30 years' old, cooperated,afterhisarrest,with the police — 4years' imprisonment — Weight of mitigating circumstances ought tobe very small - Pnmary concern of the Courtsin casesof thiskind should bethe punitive aswell as thedeterrenteffectof thesentence— Sentence upheld The facts sufficiently appear mtheJudgmentof the Court Appeal dismissed Casesreferred to Sultanv The Republic
(1983)2C L R 121, 10 ΕΙ-Etn ν TheRepublic
(1985)2C L R 40 Appeal against sentence. Appeal against sentence by Michael Yousef Khahfeh who was convicted on the 13th January, 1986 at the Assize Court of Larnaca (Cnminal Case No 11946/85) on one count of the 15 offence of possessing and traffickingof narcotic drugs contrary to sections 2, 3, 6
(1)
(3), 30 and 31 of the Narcotic Drugs and Psychotropic Substances Law, 1977 (Law No 29 of 1977) and was sentenced by Papadopoulos, Ρ D C ,Constantinides, S D J and Eliades, D J to four years' impnsonment ?Q Appellant appeared in person No appearance for the respondents 161 Khallfeh v. Police
(1987)TRIANTAFYLL1DES P. gave the following judgment of the Court. This appeal was made on 17 January 1986 by the appellant, from the Central Prisons, against the sentence of four years' imprisonment asfrom 22October 1985,which waspassed upon himbytheLamaca AssizeCourton 13January 1986,when 5 he pleaded guilty to the offences of possessing and trafficking in narcotic drugs. The appellant was found inpossession of 485 grams of heroin on 22 October 1985ashe wasabout toleave Lamaca Airport for Paris, after he had come toCypruson thesameday,bysea, from 10 Lebanon.Hewasarrestedandhehasbeen incustodyeversince. Theappellantwas,atthetimeofthecommission ofthe offence, thirtyyearsold and isa mechanical engineer. HegaveastatementtothePolicestatingthathewasnotearning enough inLebanon tosupport hisfamily and that he had decided 15 tobe involved inthetrafficking of narcoticsinordertoearn illicitly money for the sake of his family. The appellant's wife and minor child live in Vienna. The appellant wasresiding in Beirut with hisparents. Ithasbeen veryfairlystatedbytheprosecution atthetrialCourt 20 that the appellant after his arrest cooperated with the Police as much ashe could. In, inter alia, Sultan v. The Republic,
(1983)2 C.L.R. 121 and El-Etriv.TheRepublic
(1985)2C.L.R.40,ourSupremeCourthas had occasion to stress the senousness of offences involving 25 narcoticsand thatthey must be punished with due severity. We do appreciate that this appellant has certain mitigating circumstancesinhisfavour, buttheirweightoughttobeverysmall because in cases of this nature the Courts should be primarily concerned with assessing sentences of imprisonment entailing 30 severe punishment for personsinvolved innargotic drug offences and, also, sentences which willact aseffective deterrence against the commission of similar offences by other persons in future. Wefind thatthesentence which waspasseduponthisappellant 35 serves wellboth the aforesaid purposes and we cannot treat itas being either manifestly excessive orwrong inprinciple. 162 2 C.L.R. Khallfeh v.Police TriantafylUdes P. The fact that the appellant isan alienand willbeservingalong sentence ofimprisonment here inCyprus away from his country and hisfamily isa matter tobe dealt with, if necessary, in the exercise of the powers of the President of the Republic under 5 Article53.4ofthe Constitution. Appeal dismissed. 163