2 CUR. 1987 December4 [A LOIZOU L0R1S STYUANlDES JJ] MICHAELNICOLA CHANINE, Appellant, υ THEREPUBLIC, Respondent (CriminalAppeal No 4920) 5 1" Sentence — Possessionofnarcoticdrugs(543gramsofheroin)contrarytosections 2, 3 6
(1)
(2), 30 and 31 of the NarcoticDrugsand PsychotropicSubstances Law29/77 as amended by Law 67/83 andpossession of the saiddrugwith intent tosupply ittoanotherperson, contrarytosections2,3,6(1}
(3), 30and 31 of the saidlaw — Appellant a Lebanese 24 years' old withunfortunate family circumstances — Personalcircumstances are in casessuch as this of minor importance — 4 years' impnsonment on the second count, no sentence on the fin,tcount — Sentence upheld The appellant, a Lebanese man 24 years' old, was convicted for the aforesaid offences and sentenced to 4 years' imprisonment on the second count,whilstnosentence was passed on the firstcount The appellant admitted thathe had agreed in consideration of a payment of 2 000 U S Dollars totake the drug inquestion atJunieh portmLebanon and delivered ittn Chechoslovakia 15 20 Counselfor theappellantcomplainedthatthetrialCourtfailed toapproach the question of sentence with the pnnciple of individualisaoon in mind,he, also argued that in view of the unfortunate family circumstances of the appellant, thereisstill roomfor more leniency Held, dismissing the appeal
(1)Personal circumstances and the misfortunes of a person engaged in the transportation of narcotics are relatively of minorimportanceinviewof theprevalence of the offence
(2)Thepersonalcircumstancesoftheappellantaswellasthecircumstances relatingtotheoffence v.ereduly takenintoconsiderationbytheAssizeCourt 25
(3)Whatever thesentimentsofthisCourtmaybefortheplightofhis family, theinnocentvictims of hisown cnminalactivity, we cannotinterfere withthe sentence imposed Appealdismissed 183 2CUR. Cbaoinev. Republic
(1987)Casesreferred to Mehmetv ThePolice
(1970)2C L R 62, Abdullah ν TheRepublic
(1971)2 C LR 232, Maosv TheRepublic
(1971)2C L R 171, Howell ν TheRepublic
(1972)2 C L R 111, 5 MaWoν TheRepublic
(1972)2 C LR 76, /Iftav 77ie/?eptiWic
(1979)2CLR 214, Rahma ν TheRepublic
(1984)2 C LR 363, Sultan ν TheRepublic {1983) 2 C LR 121, Kynahdes ν TheRepublic (1983} 2 CL R 94, 10 Paraskeva ν TheRepublic
(1983)2 C LR 85, ElEm and Othersν TheRepublic
(1985)2 C LR 40 Braidiand Othersν TheRepublic 0985) 2 C L R 137, Zrekaand Othersν TheRepublic
(1986)2 C LR 134 /Va?/rv 77ieffepuWjc
(1986)2CLR 194. 15 Pankianν TheRepublic
(1987)2C LR 223 Appealagainst sentence. Appeal against sentence by Michael NicolaChaninewho was convicted on the 10th October, 1987 at the Assize Court of Lamaca (Cnminal Case No 7786/87 ononecountof theoffence 20 of possessing a controlleddrug contrary to sections 2, 3, 6{1)
(2), 30and31oftheNarcoticDrugsandPsychotropicSubstancesLaw, 1977 (Law No 29/77· as amended by Law 67/83) and on one countof theoffence of possessing acontrolleddrugwith intentto supply it to anotherperson contrary to sections 2, 3, 6
(1)
(3),30 25 and 31 of theabove Law andwas sentencedby Nikitas,ΡD C, Laoutas,S D J andG Nicolaou,D J tofouryears'imprisonment on the second count with no sentence being passed on the first count Chr Tnantafylhdes, for the appellant 184 30 2 C.L.R. Chanlne v. Republic A. M. Angelides, Senior Counsel of the Republic, for the respondent. A. LOIZOU J. gave the following judgment of the Court. The appellantwasfound guiltyon hisown plea oftwocharges,oneof 5 possessing a controlled drug Class A, of Part
(1), of the First Schedule namely,543gramsofDiamorphine,generallyknownas heroin,contrarytoSections2,3,6
(1)
(2),30and31oftheNarcotic Drugs and Psychotropic Substances Law, 1977 (Law No. 29 of 1977)asamended byLawNo.67of 1983,withoutapermit from 10 the Minister of Health and the other of possessing the said controlled drugwithintent tosupply ittoanother person contrary toSections2,3,6
(1)
(3),30and 31 ofthesaid Law. He was sentenced to four years imprisonment on the second count which carriesamaximum termofimprisonment of fourteen 15 years.Nosentence waspassed onthe first count asinsubstanceit was contained in the second one. Furthermore the narcotics and the money seized were forfeited. The appellant whoisaLebanese national,twenty-four yearsof age, married, with a child nine months old, an electncian by 20 profession arrivedbyboatatLamacaPortonthe30thJune, 1987, comingfrom Junieh Lebanon.AfteraCustomsand Police search, hewasfound tohavehidden inthesoles ofhisshoesquantitiesof a white powder rapped up in a nylon cover. He was further discovered to have hidden in the same way in another pair of 25 shoeswhichhewascarryinginhisluggagemorewhitesubstance, making a total quantity of 543grams and inthe particulars of the offences on the information that was the quantity mentioned. Upon, however, examination of the substance in question by the Government Laboratory it was found that its content in 30 Diamorphine -heroin -was only 20%, that isa 108.6 grams but the Court directed its attention to the matter and correctly proceeded with this in mind without amending the particulars of theoffence whichwasnotnecessaryinthelightoftheauthorityof Mehmet v. The Police
(1970)2C.L.R. 62. 35 Theappellant originally pretended ignorance ofthe possession ofthe druginquestion butlateradmittedtheoffence andsaid that itwasgiventohimbytwounknown personsatJunieh Port before the departure therefrom. They were acting also on behalf of somebody else who had earlier approached him for the same 40 purpose. He also admitted to have received U.S.$200 as down 185 A. Lolxou J. Chanine v. Republic
(1987)payment, the remaining US $1,800, were to be paid to him as soon as he delivered theheroin in question in Czechoslovakia In fact apart from an amount of six dollars which he spent on the boat, the remaining down payment was found on himand seized by the Police This Court has on many occasions pronounced on the senousness of the offences regarding the possession of narcotics and possession of same with intentto supply them to others and on numerouscases itmadeknown itsviewsas totheappropnate sentences to be imposed on those committing such offences on 10 numerous cases (See inter alia Niazi Abdullah ν The Republic
(1971)2CLR 232,Maosv TheRepublic
(1971)2CLR 171, Howellv The Republic
(1972)2 CLR 111, Imbrahim Makh ν The Republic
(1972)2 CLR 76andAtiav TheRepublic
(1979)2CLR 214,Rahmav TheRepublic
(1984)2 C LR 363, Sultan 15 ν The Republic
(1983)2CLR 121, Kynahdes ν The Republic
(1983)2CLR 94,Paraskeva ν TheRepublic
(1983)2CLR 85 ElEtn and Others ν The Republic
(1985)2 C LR 40,Braidtand Another ν The Republic
(1985)2 CLR 137, Ahmed Hassan Zreka and Others ν The Republic
(1986)2 CLR 134, Cr App 20 4790 MoustafaHassan Nazirν TheRepublic,judgment delivered on the 16th December 1986 * Reference may also be made to Cnminal Appeal No 4874 AraxieGnkorPankian ν TheRepublic (judgment delivered onthe 30th October 1987, as yet unreported)**in which the Supreme 25 Courttook theopportunitytosay thatthepersonalcircum<;tsncec and the misfortunes of a person engaged mthe transportationof narcotics are relatively of minor importance in view of no prevalence of the offence r It is to be noted that these drug traffickers, these me chanrs ol 30 death, as they should be more appropriately described 'akp advantage of people living inpoverty and intragic drcum^tances and from among them they recruit theircouriers roi ide --mutton of theirillicit trade It is with much regret thatthe sentences so far ,mo sec" by +he 33 Courts in Cyprus for those trying to use our counr. ?s a inpt.it station for their homble trade have not discouiaj-' 1 'her· from doing so *Reported in
(1986)2 CLR 194 "Reportedm (1987J2CLR 223 186 5 2CLR. Chanlne v. Republic A.Loizou J. Inthepresentcasetherehasbeenarguedbylearnedcounsel for theappellant thattheAssizeCourtfailedtoapproach thequestion ofsentence withthe principle ofindividualization inmind.Weare afraid we cannot agree with that. Itisobvious from the judgment 5 of the Assize Court that the personal circumstances of the appellant aswellasthecircumstancesrelatingtotheoffence were duly taken into consideration and the AssizeCourt expressly said so. Foranoffence whichisprevalentandparticularlysowithregard 10 topersonscomingfrom MiddleEastcountries,itimposed lessthan one third of the maximum sentence provided by the Law which shows the extent of the individualization made in thiscase. Learned counsel forthe appellant further arguedthattherewas still room for more leniency, in view of the unfortunate family 15 circumstances of the appellant. Whatever our sentiments may be fortheplightofthisfamily,theinnocentvictimsofhisowncriminal activity, we cannot interfere with the sentence imposed. The sad truth isthat the innocent members of ones family inevitably pay the bitter price for the crimes committed by those who should 20 normally be theirsupporters. Forallthe above reasonsthe appeal isdismissed. Appeal dismissed. 187