clr/1988/1988_2_185.pdf

(2)(b) ofthe Firearms Law,1974, asamendedbyLaw27/78,possessing asilencerofa pistol contraryto s.5

(3)of the same Law, andpossessing explosives(13liveammunition),contrarytos.4

(4)(d)oftheExplosive SubstancesLaw,Cap.54,asamendedbyLaws21//0 and27/78— Appellant,aLebaneseof22yearsofage,intendingtopursuefurther studies inU.S.A., gaveconflictingversions tothepoliceasregards thepossession ofthepistol, thesilencerandtheexplosives—Four years'imprisonmentforthefirstoffence, andtwoyears'foreachof the others, sentences to run concurrently—Not manifestly excessive. The facts of this case appear sufficiently in the hereinabove headnote. Appealdismissed. 15 Casesreferredto: Athinisv.TheRepublic

(1982)2C.L.R. 145. Appealagainst sentence. Appeal against sentence by Hassan Khodr Hage-Moussa who was convicted on the 26th May, 1988 at the Assize Court of 20 Lamaca (CriminalCaseNo.4539/88)ononecountofthe offence of possessing a pistol without a permit contrary to section 4

(6)of the Firearms Law, 1974 (Law No. 38/74), on one countoftheoffence ofpossessingasilencerofapistolcontrary to section 5

(3)ofthe above Lawand on one countof the offence 185 Hagge-Moussa v. Republic

(1988)of possessing explosives contrary to section 4

(4)(d) of the explosive substances Law,Cap.54and wassentenced byNikitas, P.D.C., Kronides, S.D.J, and G. Nicolaou, D.J. to concurrent terms of 4 years' imprisonment on the first count, 2 years' imprisonment on each ofthe otherstwocounts. 5 St. Righas, for the appellant. A. M. Angelides, Senior Counsel of the Republic, for the respondent. SAWIDES J. gave the following judgment of the Court. The appellant wasfound guiltyon hisown plea bythe Lamaca Assize 10 Court on the following three counts: 1. Possessing a pistol without a permit from the Council of Ministers contrary to s.4(l)

(2)(b) of the Firearms Law 1974 (as amended by Law27/78); 2. Possessing a silencer of a pistol contrary to s.5

(3)of the 15 Firearms Law38/74 (asamended by Law27/78) and 3. Possessing explosives, i.e. 13 live ammunitions without a permit of the Inspector of Explosives, contrary to s.4

(4)(d) of the Explosive Substances Law, Cap. 54 (as amended by s.2 of Law 21/70 and s.3 of Law27/78). 20 Themaximum sentenceprovidedbylawonthefirstcountis15 years' imprisonment.Thesentence imposed ontheappellant was four years' imprisonment from the date of conviction on the first countand twoyears'imprisonment on each oftheothercountsto run concurrently. The appellant is22 yearsold. He comes from Lebanon and on the 9th May, 1988,he arrived at theLamaca airportcoming from Lebanon.Ashestatedtothepoliceattheairport,hisintentionwas to stay in Cyprus for a few days and gave them an address in Limassol. He carried with him a sum of one thousand dollars. In 30 thecourseofcheckingupofhishandluggagebythepoliceandthe Customs Authorities they found concealed in a radio and tape recorder the pistol, the silencer and the ammunition in question which were wrapped up in paper. The appellant gave various conflicting versionsas totheirpossession. When cautioned atthe 35 airport hesaidthattheydidnotbelongtohimbuttheywere given to him at Lebanon to take them to Cyprus. Atthe police station wherehewastakenafter aneightdaysremand fromtheCourt,he 186 25 2 C.L.R. Hagge-Mousea v. Republic S a w l d e s J. said that he brought the pistol to Cyprus for the purpose of committing robberies; later he said that he brought it for the purposeofsellingitandfinallyinavoluntarystatementhesaidthat thepistolwasgiventohimbyafriend ofhiswhowasworkingwith 5 theSyrian SecretServicesforthepurpose ofcarryingittoCyprus in consideration for the payment of five hundred dollars and facilitiesforavisafortheU.S.A.wherehefinallyintendedtogofor studiesand deliveringittoaperson, unknowntohim,whowould callfor itatthe Continental Hotel in Limassol. 10 To the probation officer who was assigned to make a report about him, he mentioned that he was thevictim of blackmail and fraudulent promisesbyan illegalorganization at Lebanon. The trial Court took into consideration the mitigating circumstances whichwereadvanced bycounsel for the appellant 15 and which were tothe effect that he wasa young person, he was a student at the University of Beirut and was intending to pursue further studiesintheU.S.A.,hecomesfromareputablefamily and has a clear criminal record, as well as the report of the probation officer which was before the Court. At the same time the Court 20 drewitsattentiontothefactthatoffences ofthisnatureareserious, that use of firearms by unlawful organizations from abroad has been extensively made in Cyprus recently and that guns and ammunition areobjects which can disturb thepeace inthisisland and be used for illegal purposes and also the way in which the 25 attempt to import this pistol into the island was made, imposed upon theaccused thesentence of fouryears' imprisonment. Counsel fortheappellant inarguingthisappealcontended that there was a misdirection by the Court in that it considered the appellantasapersonofhideouspersonalityandthatitgaveundue 30 weight to this factor and treated itas outweighing the mitigating circumstances. We find ourselves unable to accept such contention. What the Court merely did was to stress the seriousness of offences of this nature without at the same time overlookingthe personal circumstances ofthe appellant. We have heard with care the arguments advanced by counsel fortheappellant, inmitigationand especiallytheyoungageofthe appellant who is22yearsold. Butwe cannot ignore certain facts which appear in the judgment of the Court and which are of common knowledge in this country, that is, that firearms have been used by unlawful organizations from abroad in Cyprus for 187 Savvides J . Hagge-Moussa v. Republic

(1988)the commission of a number of crimes some of which remained undetected and also the fact that the possession of firearms is a serious offence. The seriousness of offences of this nature has been stressed in the case of Athinis v. The Republic

(1982)2 C.L.R. 145 which is one of a series of cases of possession of 5 firearms and in which a sentence of four years' imprisonment imposed by the Assize Court was not disturbed on appeal. At p.149 of thatjudgment itwasstated that: «Nodoub'.;he unlawful possession and use of firearms and ammunitions are serious offences astosaytheleasttheyunquestionablyunderminethelaw 10 and pave the way to anarchists, which are the worst enemies of democracy and happy life therein, save and free from fear and intimidation.» And it goes on to refer to the recent history in Cyprus concerning possession offirearmsand actsof violence. Itissad that a person of such ayoung age asthe appellant has 15 to undergo a sentence of four years' imprisonment but, in the circumstances, we have not been convinced that the sentence imposed upon him ismanifestly excessiveso astodisturbit. The appeal is,therefore, dismissed. Appeal dismissed. 20 188