2 C.L.B. 1988December 1 {STYLIANIDES,KOURR1S.BOYADJIS,JJ.) 1.MARINOSCHRISTAKI EFTHYMIOU, 2. LOIZOSAVGOUSTISPYROU, Appellants, v. THE REPUBLIC Respondent. (CriminalAppeals Nos. 5015, 5016). t Sentence —Shopbreaking and stealing from a shop and causing malicious damage toproperty, aLand-Rover —Numerous similar outstanding offences taken into consideration —Previous convictionforsimilaroffences —Appellantstwentyyearsold, oneof them in need ofpsychiatric care—Threeyears'imprisonment — Not manifestiy excessive. Sentence —Interference with,onappeal —Principlesapplicable. 10 15 Eachoftheappellantswassentencedtothreeyears' imprisonment for the aforesaid offences. In passing sentence the trial Court took intoconsideration thirty-threesimilaroffences commited bythe one appellant and twenty-one similar offences committed by the other appellant. • Each appellant had a previous conviction for eight similar offences, in respect of which he had been sentenced to 18months' imprisonment. Theappellantsare twentyyearsold.Theoneofthemisinneedof psychiatric treatment. 20 Held, dismissing the appeals:
(1)This Court will interfere with a sentence ifthe trialCourt misdirected itself either on the facts or the law,or allowed itself tobe influenced bya matter which should not affect the sentence or ifthe sentence ismanifestly excessive. {2)Thesentencesimposed upon theappellantsarenot manifestly excessive. Appeals dismissed. 189 Efthymiou &Another v. Republic
(1988)Appealsagainst sentence. Appeals against sentence by Marinos Christaki Efthymiou and Another who were convicted on the 5th July, 1988 at the Assize Court of Limassol (CriminalCaseNo. 14492/88) onone countof the offence of shop-breaking and stealing contrary to sections 294(a), 255 and 20 of the Criminal Code, Cap. 154 and was 5 sentenced by Chrysostomis, P.D.C., Anastassiou, S.D.J, and N. Nicolaou, D.J. to three years' imprisonment each. G.Papantoniou, for the appellant.
- Matsas,for the respondent. STYLIANIDESJ.: The judgment of the Court willbe delivered 10 by Mr.Justice Kourris. KOURRISJ.: Both appeals,which were heard together, were against the sentences of imprisonment imposed by the Assize Court of Limassol on each of the appellants. Appellant in Appeal No. 5015 was sentenced to three years' 15 imprisonmentforbreakingandenteringintoshopsatTroodosand Platres and stealing therefrom and also for causing malicious damage to a land-rover at Platres. Forthe purpose of this appeal this appellant will be referred to as appellant
- Appellant in 'AppealNo.5016wasalsosentencedtothreeyears'imprisonment 20 forcommitting thebameottencesasappellant 1.Forthe purposes of thisappeal thisappellant willbe referred toasappellant
- The Court of Appeal will only interfere with a sentence so imposed ifitismade toappear from therecord thatthetrial Court misdirecteditself eitheron thefactsorthelaw,orthattheCourtin 25 considering the sentence allowed itself to be influenced by a matter which should not affect the sentence or if it is made to appear thatthesentence oftheCourtismanifestly excessiveinthe circumstances of the particular case. The submission of learned counsel for the appellants that the ^0 sentences imposed on the appellant are manifestly excessive isthat the Courts in similar cases imposed lesser sentences of imprisonment and he referred toustwocaseswhere the accused were sentenced to six months and one year imprisonment respectively. TheAssize Court in passing sentence upon the appellants has 190 or 2 C.L.R. Efthymiou &Another v.Republic Kourris J. taken intoconsideration another eleven offences ofbreaking and enteringwithstealing,fouroffences ofbreakingandenteringwith intent to commit an offence, and three attempts of breaking and entering and one offence of malicious damage to property in 5 respect ofappellant 1.Withregardtoappellant 2theAssizeCourt hastaken intoconsideration anotherten offences ofbreaking and enteringwithstealing,four offences ofbreakingandenteringwith intenttocommitanoffence andthreeoffences ofattempttobreak and enterand one offence of maliciousdamage to property. 10 It should be noted that among the offences of breaking and entering are included three branches of banks. The sum stolen amounts to £1,040.12c and the malicious damage amounts to £19.-. Asubstantial parthasbeen recovered but a cash-machine amountingto£800.-wasdestroyed.Thesumstolenwithregardto 15 thecasestaken intoconsideration amountsto£5,074.90candthe amountof£4,229.35chasbeen recovered. Itistrue that both appellants upon their arrest confessed tothe policeand co-operatedwiththedetection ofthe crimes. Counsel for the appellants argued that both appellants are of 20 youngage,both 20yearsold,andthatthefirstappellantisinneed of psychiatric treatment. We have considered the submissions made on behalf of the appellantsandwefindthattheappealhasnomeritatallinasmuch as both appellants on 21.6.1986 were sentenced to eighteen 25 months'imprisonmentinrespectofeightoffences ofbreakingand entering and that the Court in imposing sentence took into consideration another thirty-three similar offences withregard to appellant 1andanothertwenty-onesimilaroffenceswithregardto appellant
- 30 35 There isno doubt thatthe AssizeCourt had inmindthe young age of the appellants and took also into consideration the report made bytheWelfare Office and everythingthathasbeen said on behalf oftheappellants. TheAssizeCourtinimposingsentencewasverycareful andhas takenintoconsiderationallrelevantmattersandweareoftheview thatwecannotdisturbthesentencesimposedbytheAssizeCourt. We are satisfied that the sentences imposed upon the appellants arenotmanifestlyexcessivebecausewefeelthatwemustgivedue regard to the protection which the general public are entitled to 191 KourrisJ. Ef. /miou &Another v. Republic
(1988)under the law against the dangers coming from persons who do not respect their properties. For allthe above reasons theappeals are dismissed. Appeals dismissed 192