(1988)1988January14 {A.LO!Z0U,MALACHTOS,SAWIDES.JJ.) MUEENTARRADRABAHHUSSEIN, Appellant, v. THEREPUBLIC, Respondent. (CriminalAppealNo. 4929). Sentence—Housebreakingandstealing therefrom (U.S. Dollars2,000 and£415.-)contrarytosections291,292 (a)and255oftheCriminal Code—Another 'offence of similar nature taken into consideration —Appellant, whosupportedhiswidowmotherand two sisters out of hismonthlysalary, found himselfin a difficult 5 financial position by reason of his betting at the racecourse and unable to continue such support—Eighteen months' imprisonment—Ratheronthelenientside. The facts of this case sufficiently appear in the hereinabove headnote. . ., .10 Appealdismissed, Appeal against sentence. Appeal against sentence byMueenTarrad Rabah Hussein who was convicted on the 26th October, 1988 at the Assize Court of Nicosia (CriminalCaseNo.35039/87)ononecountoftheoffence 15 of house-breaking and stealing contrary to sections 291,292 (
- a)and 255 of the Criminal Code, Cap. 154 and was sentenced by Artemides, P.D.C., Kronides, S.D.J, and Eleftheriou, D.J. to eighteen months' imprisonment. Appellant appeared inperson. ^ S. Matsas,for the respondent. A. LOIZOU, J. gave the following judgment of the Court. The appellant wasfound guiltyon hisown pleaofguiltyonachargeof house-breaking and stealing therefrom contrary to sections291, 292(
- a)and 255 of theCriminal Code, Cap. 154. 25 to 2C.L.R. 5 Husseinv.Republic A.LoizouJ. The particulars of the offence were that the appellant on the 28th October. 1987 at Ayios Dhometios'in the District of Nicosia broke and entered intothehouse ofone AhmetAbdullah Hussein of Ayios Dhometios with intent tocommit a felony therein, thatis stealing and did steal U.S. dollars 2.000.- and £415, property of the said Hussein. The facts of the case as set out in-the judgment of the Assize Court are briefly these. The appellant, who comes from Jordan, hasbeen livinginCyprus forthe lasttwoyearsand isemployed at 10 the Nicosia Race-Course. He is twenty-five years of age. His widowed motherwithhistwoyoungersistersliveinQuwaitand he supports them out of his monthly earnings which amount to £300.- per month. Unfortunately on account of his professional connectionswith racinghestarted bettingand asaresult he found 15 himself in a difficult financial position unable to continue to support hisfamily. Thecomplainant whocomesfrom Egyptworksasafarrieratthe race-course, He resides alone in a house nearby. On the 28th September 1987,atabout6:30a.m. heleft forhisworkand closed 20 . the only door of his house which could not open without the use ofakey.When he returned atabout 9:00 a.m. ofthesame day he noticed that his bed had been disturbed and thereupon he checked the cupboard in which he had his savings. On noticing that there were missing the amounts referred to in the particulars 25 ofthe offence he reported the matter tothePolice.The appellant was identified by a neighbour from a photograph and he was arrested bythePolicewhofound inhispossession ahundred U.S. dollar note but he denied any knowledge of the offence. On the following day the same witness Galatia Nicou identified the 30 appellant in an identification parade. His flat was searched and they found therein eighteen notesof a hundred U.S.dollars each and the rest of the money he said he spent it at the carabet and bought shoesand clothing. Theappellant admitted tohavecommitted the offence and also 35 admitted another offence thatofbreakingand enteringintothe fiat of two cabaret artists, and stealing therefrom one recorder, a *camera, a bag, a watch and cash. In that case he left behind fingerprints which were identified asbelonging tohim. 40 TheAssizeCourt, onthefacts ofthecaseand dulyassessing the circumstances oftheoffence aswellasthepersonal circumstances of the offender and after taking also into consideration the case II A. Loizou J . Hussein v. Republic
(1988)pending against rheappellant, imposed on him eighteen months' imprisonment, and ordered that the exhibits which were in the possession of the Police be returned totheir original owners. The appellant today before usin support of his appeal against sentence on th.e ground of same being excessive, repeated and 5 stressed hisfamily circumstancesandhispreviousgood character evidenced by histwo yearsstay in Cyprus. The maximum sentence provided by law is seven years' tinpnsonment. Onthetotalityof thecircumstancesofthecaseand bearing in mind the principles governing the interference of this 10 Court with asentence imposedby atrialcourt,which isinthefirst place the proper court to decide on such matters, we have not been persuaded thatthesentence imposed on theappellant isin any way manifestly excessive. On the contrary, it was on the lenientsideand.obviouslyarrivedatafterpayingdueregardtothe 15 persona!circumstances ofthe appellant. Foralltheabove reasons,theappeal isdismissed. Appeal dismissed. 12