clr/1987/1987_2_240.pdf

(1987)1987November27 rTKIAmAFYLLIDES Ρ LORIS KOURRIS JJ] ANTOWS SAWA PANTELIS, Appellant, ν THEREPUBLIC, Respondent (Criminal Appeal No 4878) Sentence — Stealingacheque,forgmga cheque and uttenngaforgedcheque for £580— One year's imprisonment, two yean' impnsonment and two years' impnsonment respectivelyfor each of the above counts and activation ofa suspended sentence of 4months' impnsonment — Appellant, agood family man with two recent previous convictions for stealing by agent — The sentence, including the activation of the suspended case, is manifestly excessive — Asentence of two years' impnsonment issufficient 5 The (actsof thiscase sufficiently appear mthejudgment of theCourt Appealallowed Appeal against sentence. 10 Appeal against sentence by Antonis Sawa Pantelis who was convicted on the 15th May, 1987 attheAssizeCourtof Limassol (Criminal Case No. 9881/87) on one count of the offence of stealing achequecontrarytosections255end262 of theCriminal Code, Cap.154, ononecountofforgery contrarytosections331, 15 333(aKd)(

1. i)and 366 of Cap. 154 and on one count of uttering a forged document contrary to sections 331, 333, 336 and 339 of Cap. 154 and was sentenced by Hadjitsangaris, P.D.C., Artemis, S.D.J,andStavrinides, D.J.tooneyear's impnsonmentonthefirst count and to two years' imprisonment on each of the other two 20 counts to run concurrently. The Assue Court activated a suspended sentencesoffourmonths'impnsonmenttocommence after thelapse of the imprisonment imposed. N.Panayiotou, for theappellant. Gi Hjipetrou, for therespondent. 240 25 2C.L.R. Pantelisv. Republic TRIANTAFYLLIDES P.: The judgment of the Court will be delivered by Kourris, J. KOURRIS J.: This is an appeal against the sentences of imprisonment imposed bythe Umassol Assizeson 15.5.1987 on 5 the appellant on his own plea of guilty for the offences of (
2. a)stealing a cheque; (
3. b)forging it; and (
4. c)for uttering the forged cheque for the sum of £580 purporting to be issued by one Georghios Christoforou t of Limassol, and was accordingly sentencedtooneyear'simprisonment;2years'imprisonmentand 10 2 years' imprisonment for each count respectively. The Assize Court alsoactivated a suspended sentence ofimprisonment for 4 monthstocommenceafter thelapseofimprisonment imposed for the offences before them. Theappellantisayoungman,26yearsold,andheisatravelling 15 salesman byoccupation. InMarch, 1986,havingstolen acheque, heforged itpurportingtohavebeen issuedinhisfavour for £580 byoneGeorghiosChristoforou whowastheownerofthecheque. The accused then presented the cheque to a certain N'ki Orfanidou as payment against hisdebt of £1,300 beingthe va1 .e 20 ofgoodssold byOrfanidou tohim. According to the welfare report, the accused isa good fa lily man. The accused has two recent previous convictions; the c~ is stealingbyagentwherebyhewassentenced to£10.-fineon ich 25 count; the otheragain isstealingbyagent, and wassentenc d to 4months' imprisonment suspended for3 years. The trialCourt inpassingsentence on theappellant, knew that he had a previous conviction with a suspended sentence of imprisonment whichthey intended toactivate and inpointof fact 30 theydidactivate it Inthe circumstances, we think that the sentence, including the activation ofthesuspended sentenceof4 months' imprisonment, ismanifestly excessiveand thatone oftwoyears'imprisonmentis sufficient punishment forthe appellant. 35 Weallowtheappeal andwesetasidethesentenceof4months' imprisonment which was activated by the Assize Court, as manifestly excessive. 40 Inthe result, theappeal is,therefore, allowed accordingly. Appeal allowed accordingly. 241