(1987)1986November 26 rTRIANTAFYLUDES, Ρ .DEMCTllADES. SAWIDES, JJ1 AZIZSALIMABDALLAH, Appellant, ν THEREPUBLIC, Respondent (CnminalAppealNo 4726). Sentence — Possessingand traffickinginnarcotics (1073gramsof heroin)— Old age — Though generallyamitigating factor itcancarrylittle weightincases such as this, where the paramount and ovemding considerations are the punitiveand deterrenteffect ofthe sentence—Four years' impnsonment on appellant, an alien 74years' old— Upheld This appeal is directed against the aforesaid sentence for the aforementioned offence Theappellant, who isan alien, is74 years old Held, dismissing the appeal, thatthough old age is generally a mitigating factor, itcames very little weight inrelationtoanoffence, such as thepresent 10 one, indeed, in cases such as this, the paramount and overriding considerationsare thepunitive effect anddeterrenteffect of thesentence Appealdismissed Appealagainstsentence. Appeal against sentence by Aziz Saltm Abdallah who was 15 convicted on the 13th January, 1986 at the Assize Court of Lamaca (Criminal Case No. 11708/85) on one count of the offence of possessing and trafficking in narcoticdrugs contrary to sections 2, 3, 6
(1)
(3), 30 and 31 of the Narcotic Drugs and PsychotropicSubsances Law, 1977 (Law No.29 of 1977) andwas 20 sentenced by Papadopoulos, P.D.C., Constantinides,S.D.J, and Eliades, D.J.tofour year's imprisonment. Appellant appeared in person. 164 5 2C.L.R. Abdallah». ««public A.M. Angelides, Senior Counsel of the Republic, for the respondents. TRIANTAFYLLIDES P. gave the following judgment of the Court. The appellant, who appears in person, has made the 5 present appeal from the Central Prisons on 17 January 1986, against the sentence of four years' imprisonment which was passed upon him on 13January 1986,but with effect asfrom 11 October 1985, in respect of the offences of possessing and trafficking innarcotic drugs. 1C The said offences were committed in Lamaca on 11 October 1985. The appellant was arrested then and has been in custody eversince. The narcotice drug which was found in the possession of the appellant were 1073gramsof heroin. 15 The appellant has argued, mainly, that thesentence which was passed upon himasaforesaid ismanifestly excessive,especiallyin viewofhisage and hisbad health. Onthechargetheageoftheappellantisgivenassixty-sixyears but today he told usthat he isolder and that he isinfact seventy20 four years old. Asregards the state of hishealth we do not have before usany medical certificate showing that the appellant issuffering from a particular illness Thisisnot, therefore, one of thosecasesinwhich weare called 25 upon totake an exceptional course infavour of an appellant due toaseriousand rapidly deteriorating health problem. Therecan be nodoubt thatoldage anda generally bad stateof health are normally mitigating circumstances to be duly weighed when sentence is assessed but, in our opinion, such mitigating 30 circumstances can carryvery littleweight when sentence isbeing assessedinrelation toanoffence involvingnarcoticdrugs,suchas the present one, because in a situation of this nature the paramount and overriding considerations are the punitive effect and the deterrent effect of thesentence tobe imposed, inviewof 35 the increasing prevalence of narcotic drug offences both in Cyprusand internationally andthe urgentneed tostampoutsuch offences forthebenefit of humanity asawhole and of the people ofCyprusin particular. 165 TriantafyUIdes P. AbdaUah v.Republic
(1987)We have, therefore, decided that there doesnot exist adequate reason warranting interference on our part with the sentence which hasbeen imposed on the appellant. Any matter relevant to the age and health of the appellant, as wellas the fact that he isan alien and he isserving a sentence of 5 imprisonment away from his country and the members of his family, are possibly matters to be examined in the context of the exercise of the powers vested inthe President of the Republic by Article53.4 of the Constitution. In the result this appeal is dismissed and the sentence passed 10 upontheappellantistocontinuetorunasfrom 11October, 1985. Appeal dismissed. 166