Filenews 30 December 2022
The Supreme Court of the Republic of Cyprus recently dismissed two appeals in drug cases. In its rulings, the Supreme Court highlights the horrific upsurge in our country of drug-related crimes, "which bring about the misery and death of our fellow human beings." As mentioned, the severe penalties imposed by our Courts, unfortunately, do not seem to prevent the commission of crimes related to drugs.
In the first case, according to the Supreme Court's decision, the appellant, aged about 45 years, was sentenced by the Limassol Assize Court, after admitting offences, to 10 years in prison for illegal possession of a controlled drug, Class A, with a view to supplying it to other persons. As stated in the judgment, this is a serious offence since the law provides for a life sentence of imprisonment, which the Assize Court did not fail to note in its decision.
It is noted that the controlled drug in question was cocaine with a total weight of 854.26 g, which the appellant held on 16.5.2020 in Limassol. He had faced, along with other persons, charges involving smaller quantities of cocaine, totalling 854.26 g.
As stated in the judgment, "the quantity in question was rightly classified by the Assize Court as large." It is noted that the appellant had admitted other offenses that had been included in the Indictment, such as money laundering, for which the Assize Court imposed a sentence of 4 years in prison. It is noted that all prison sentences imposed on him were ordered as they were.
It is also stated that the Assize Court, after taking into account every relevant factor, imposed on the appellant a sentence of 10 years' imprisonment for possession of cocaine weighing 854.26 g. for the purpose of supplying it to third parties. Regarding his personal circumstances, which were also taken into account, the Supreme Court reiterates that in drug cases these have a reduced weight since the emphasis should be on the element of deterrence.
The Supreme Court summarizes its decision and states that the sentence imposed was determined after taking into account all relevant factors, is in line with case law and is not manifestly excessive to justify the intervention of the Court of Appeal, nor even considered strict, so the appeal is dismissed.
In the second case, the Supreme Court states that the appellant, by his own admission, was found guilty of the charge of importing a Class B controlled drug, namely 24 kilograms and 939 grams of cannabis, and illegal possession of the same quantity, with a view to supplying to another person. He was reportedly given concurrent prison sentences of 13 years.
It is noted that the defendant arrived on 12/04/2021 at Larnaka airport, with a flight from Athens. An officer of the Customs Department examined his luggage by radiodiagnostics and found that it contained a number of uniform packages. He asked the defendant to open the suitcase for inspection and stated that it was not his and he did not have the keys. After the customs officer violated the key, she found in it the 128 airtight sealed, similar to each other, with cannabis with a total weight of 24 kg and 939 grams. The defendant then said "I brought them for another" and was arrested for flagrant offences.
The Supreme Court states that in this case, the Assize Court was right to hold that the present case ranks among the most serious. "This was an import of a very large quantity of drugs which, if not checked at the airport, would be placed on the market, with disastrous consequences for users and for society in general," he notes.
The Supreme Court in its judgment states that the Assize Court took into account all relevant factors and everything raised by the appellant and weighed them correctly and within the framework of the case law. It adds that the sentence imposed reflects all the facts of the case, including the person of the appellant and is not excessive so that the appeal is dismissed.
