2CXJL 1987Αρη!24 [TRIANTAFYLUDES, Ρ. LORIS.STYUANIDES,JJ] RENAFRANCOISBARHOUCH, Appellant, ν THE REPUBLIC, Ffefpondent (CriminalAppeal No 4759) Sentence —Subsequent developments regarding prisoner'spersonal or family circumstances — Whetherthey can Justify interferencewithan otherwise appropriatesentence— Question answeredintheaffirmative 5 The appellant,ayoung Lebanese woman of27 with two minorchildren, was sentenced tofour and a half years' imprisonment forpossessing 727 grams ofheroin While inprison appellant's conditionof mentall.jahhdetenorated Sheis suffering from depression and suicidal tendencies, moreover, it un discovered thatshe hasa lumpinher left breast, suspected tobe maligna i* 10 15 Held, allowing the appeal, that though the sentence isneither mamie^'u' excessivenorwrong inprinciple,anappellate tribunalmay,ontheground subsequent developments regarding thepersonal orfamily eircunrrtp a person sentenced to imprisonment interfere with a sentencev.h considered as being otherwise appreciate and show its mem, ι the appellant Theexceptional circumstances olfl· αΛ justifj, sui ha " <· AppealJ (Jasesreferredto Franklyn, 3Cr AppR 65, Hateih,4Cr App 178, 20 Kakathymisν Republic
(1971)2 C LR 309, Kytaν Republic
(1984)2 C LR 468 Appeal against conviction andsentence. Appeal against conviction and sentence by Rena Francois Barhouchwho wasconvicted on the 21st June, 1986 attheAssize 245 Barhouch v. Republic
(1987)Court of Larnaca (Cnminal Case No 4795/86) ononecountof the offenceofpossessing 727 gramsofheroin contrarytosections 2, 3, 6
(1)
(3),30 and 31 ofthe Narcotic Drugs andPsychotropic Substances Law, 1977 (Law No.29 of1977){asamendedbyLaw No 67/83) and was sentencedbyPapadopoulos, ΡD C ,Eliades 5 and Arestis, DJJ to4 1/2years' imprisonment Ν Clendes, for the appellant A Μ Angehdes, Senior Counsel of the Republic, for the respondents TRIANTAFYLLIDES Ρ gave the following judgment of the 10 Court The appellant, whois a young, twenty-seven yearsold, Lebanese woman and mother oftwo children, was sentencedon 21 June
- bytheLarnaca Assize Court, toimprisonmentfor fourandahalfyears afterhaving been foundguilty oftheoffence of possessing 727 grams ofheroin 15 The sentence ofimpnsonment isto runasfrom 18March 1986 when she was firstarrested forthe possession of the heroin At the timewhen she was sentencedthe tnal courtobserved, as regardsthemental health oftheappellant, thatitwould havebeen helpful if a medical report was available regarding her exact 20 condition especially byadoctorwho had examined her after her arrest But suchareportwas not producedather tnal On the basis ofthe medicalreportswhich are now before uswe have a quite complete picture about thehealth ofthe appellant, and unfortunately the appellant is in an, indeed, grave 25 predicament The mental condition ofthe appellant hasdeteriorated greatly while she has been inpnson and, asitappears fromthe reports of two psychiatnsts Dr Chr Charalambides andDr Τ Evdokas, she issuffenngfromdepression andaccordingtoDr Evdokasshehas 30 suicidal tendencies which must be taken senously as shehas attempted tocommit suicide inthe past Another psychiatnst,Dr A Demetnou states in his report that further incarceration will make the conditionofthe appellant worse While shehasbeen in pnson it was discovered that she hasa 35 lump inherleft breast,and wehave now before usthe reports of two surgeons Dr V Makns and Dr Μ Theophanous, according to which there arestrong suspicions that it is malignant, but,of 246 2 C.L.R. Barhouch v. Republic TriantafyUides P. course, no final diagnosis can be made unless and until a biopsy is performed. Due,however, tohermental depression sherefuses toundergo the surgery necessary fora biopsy. 5 In the meantime the appellant has been granted by an Ecclesiastical CourtinLebanon custodyofhertwominor children and an orderofseparation from herhusband; andtherecanbeno doubt that her condition is being aggravated by the knowledge that her children need her and she isaway from them. 10 Thisisreally atragicsituation. Though we cannot regard the sentence passed upon the appellant as being either manifestly excessive or wrong in principleitisquiteclearthatsinceshehasgonetoprisontherehas been serious deterioration of her physical and mental health, 15 Actually her life is now in grave danger because she may either commit suicide or the malignancy in her breast may spread with fatal resultsbefore itisdefinitely diagnosed and treated assuch. Itappearsthatinacaseofthiskindanappellatetribunalmay,on thegroundofsubsequentdevelopmentsregardingthepersonalor 20 family circumstances of a person sentenced to imprisonment, interfere with a sentence which isconsidered asbeing otherwise appropriate. Useful reference in this respect may be made to Principles of Sentencing,byThomas,2nded.,pp.212,213and214,andtothe 25 cases of Franklyn, 3 Cr. App.R. (S.)65 and Haleth, 4 Cr. App.R. (S.)
- It is, also, useful to refer to case-law of our own, such as Kakathymis v.TheRepublic
(1971)2C.L.R.309,315,andKytav. TheRepublic,
(1984)2 C.L.R. 468,474. 30 AsWatkinsL.J.saidintheHalethcase,supra,thetimehascome to show the mercy of thisCourt to thisappellant; and inthe very exceptional circumstances ofthiscase we orderthather sentence istobe so reduced thatshe can be released immediately. Appeal allowed. 247