(1988)1988Αρπ15 (A LOI20U, Ρ , DEMETRIADES& PIK1S,JJ ) ANDREASMICHALAKITHEOFANOUS, Appellant, v. THEREPUBLIC, Respondent. (CriminalAppealNo. 4983). Sentence—Abandonmentofpostofsentry, contrarytosection54
(6)of theMilitaryCriminalCodeandProcedureLaws 1964-1985—One month'simprisonment— Themostlenientthatcouldbeimposedin thecircumstances. The appellant who wason duty assentry, near theconfrontation line,abandoned his post andwent tosleep. Atthetimetherewasa slightdnzzle The appellant stated thathe repented forwhat he had 5 done. The appellant was sentenced for the aforesaid offence to one month'stmpnsonment.Hewas, also, punished byanimpnsonment 10 of 20daysasadisciplinary punishment. Held, dismissing theappeal: The sentence wasthemost lenient thatcould beimposed. Soldiersserveunderanyweather conditions. The abandonment of a post of sentry, especially near the confrontation line,isaseriousmilitary offence. 15 Appealdismissed. Appeal against sentence. Appeal against sentence by Andreas Michalaki Theofanous who was convicted onthe30th March, 1988atthe Military Court (Case No.43/88)onone countof the offence of abandonment of 20 his post as a sentry contrary to section 54
(6)of the Military Criminal Code andProcedure Laws 1964-1985 {Law No. 40/65 as amended) andwas sentenced toonemonth's imprisonment. 48 2 C.L.R. Theofanous v. Republic Chr. Pourgourides, for the appellant. P.loulianos, for therespondent. A. LOIZOUP. gave the judgment of the Court.The appellant was sentenced to one month's impnsonment for the offence of 5 abandonment of his post as a sentry, contrary to s.54(b) of the Military CriminalCodeandProcedureLaws 1964-1985 (Law No. 40/1964 asamended). In the early hours of the morning of the 12th December 1987 theappellant was onduty as asentry from 03.00to06.00hoursat 10 a certain post along the line of confrontation which his unit was guarding. At about05.00 hours theappellant abandoned his post without a permit and went to the dormitory of the guard post where he slept. Itseems thatatthattime therewas aslight drizzle. His commanding officer shortly afterwards found him sleeping in 15 hisbed andwoke himup.Hewas charged andhegavea voluntary statement. When he was formally charged for the offence he said «Iwant tosay that I have repented and I willnot do it again». A sentence of twenty days disciplinary imprisonment was also imposed on him. From the copy of his personal record it appears 2C thatthe appellant had also otherdisciplinary punishments,but no previous criminal conviction. He comes from a poor family, attended a secondary school up tothethirdclass and he is twenty years of age. The Military Court heard from counsel for the appellant what ithad to take into consideration in his favour and 25 it had also before it the Social Welfare Report regarding his personal and family circumstances. We have listened carefully tolearned counsel for the appellant, butwe have notbeen pursuaded thatthesentence was manifestly excessivejustifying theinterference of thisCourt.Onthecontrary. 3Q we are of theviewthatthesentenceof onemonth'simprisonment imposed on the appellant was in the circumstances the most lenientthatcouldbe imposed.Alsowe donotthinkthatthe whole process had anything which rendered the sentence legally viable ιlordowe find thattherehave been anyviolations of the principles 35 of Law governing sentencing. The duty of sentry is of itself serious as the army entrust the guarding of an area to a soldier for a concrete period and the surprise of the rest or of the area depends from the alertness of the sentry. The abandonmentof the post of a sentry constitutesa 49 A. Loizou P. Theofanous v. Republic
(1988)serious military offence especially when the post isin the lineof confrontation. Armies do not serve only under shade and without rain,but under anydifficult weatherconditions.Ifsoldiers are encouraged not to do what is entrusted to them within the sphere of their duties on any kind of weather conditions then 5 either there willnot be anarmy orithastobe dissolved. For all the above reasonstheappeal isdismissed. Appeal dismissed. 50