(1987)ig8TJurn>25 [TRIANTAFYLUDf'S Ρ PIKit, KOURR1S JJ. STEPHANOS LOIZIDES Applicant THE REPUBI IC Respondent (Criminal Application No 3/85) Appeal - Criminal Extension appeal - - Time within which to file the notice of appeal — oi — .Nonce filed at the wrong Registry, but within CircuiriblitiK <'--lUitity extension of time toi ih pioper time — filing The a r p t . c a n ; Med within lime an appeal against his conviction at the Registry o i the Distuct Court of Paphos instead of at the Registry of the 5 Supreme Court As a result the pr >ent application for extension of time within which to file properly a notice <>'appeal wds filed Held granting i'u* application that in the light of the case law and the circumstances ot tn:->t"tse the extention w o u l d be granted 10 Order extending the time within which to file an appeal for a period of 7 days as from to-da\, Cases referred to Peter ν Police (l')f,3) 1 C L R Attorney 42. General ν HjiConstanti (1968} 2 C L R 113 Djeredjian ν Republic
(1967)2 C L R 136, Pullen ν Republic
(1969)2 C L R 199. Papadopoulos ν Police
(1982)2 C L R 217 254 15 2 C.L.R. Loizides v. Republic Application. Application forthe extension of the time within w'.iichto filean appea!against conviction. A. Magos,forthe applicant. 5 Noappearance forthe respondent. Cur.adv. wit. TRIANTAFYLLIDES P. read the following decision of the Court. By means of this application the applicant, who was convicted byanAssizeCourtinPaphos,seeksan extension ofthe 10 timewithin which toappeal against conviction. The present application wasmadeexparte and, bydirectionof thisCourt, copy of itwasdelivered bywayof notice at the Office oftheAttorney-General oftheRepublic,buttheredidnot appear today counsel on behalf ofthe Republic. 15 The applicant was convicted on 14May 1985 and on 21 May 1985,thatiswithinthetendays'periodduringwhichtheappellant could appeal, a notice of appeal against the conviction of the applicant wasfiled atthe Registry ofthe District Court of Paphos. instead ofbeingfiled,asitoughttohavebeendone,attheRegistry 20 ofthe Supreme Court. Asa result the present application was filed on 13 Juni 10-J5 seeking, on the basis of section 134 of the Criminal Procedure Law, Cap. 155,a ten days' extension of time within which to >v properly a notice of appeal. 25 Inordertograntanextensionofthetimewithinwhichan appeal against conviction or sentence is to be filed this Court must be satisfied that there exists good cause justifying the exercise of if? discretion infavour ofthe applicant {see,inter alia,inthis respect, Peter v. The Police,
(1963)1C.L.R. 42, TheAttorney-General v. 30 HjiConstanti,
(1968)2 C.L.R. 113, Djeredjian v. The Republic.
(1967)2 C.L.R. 136,Pullen v. TheRepublic,
(1969)2 C.L.R. 199 and Papadopouios v. ThePolice,
(1982)2 C.L.R.217}. Asituation practically thesameasthat inthepresent case arose inthe Pullencase, supra, where the notice of appe-iwasfiled by 35 mistake ina DistrictCourt Registryand wasforwarded byittothe Supreme Court and, eventually, this Court extended the time within which to appeal. 255 Triantafytlides P. Loizkfe» v.BepnbBc
(1987)Inthe lightofthecase-lawofthisCourtandbeannginmindthat the applicant asa result of hisconvicbon wassentenced totwelve years' impnsonment and that the notice of appeal wasfiled atthe Distnct Court of Paphos only seven days after hisconviction, we have decided toextend thetimeforthefilingbyhimofanappeal 5 for aperiod of7 days as from day Application granted 256