The Limassol District Court recently took the opportunity to reiterate the principle that the sentence imposed in a criminal trial must reflect not only the circumstances and severity of the offence, but also the personal circumstances and conduct of the defendant.1

The defendant had pleaded guilty to the charge of causing death by a reckless and dangerous act, and was duly convicted according to Article 210 of the Penal Code. The offence carries a maximum sentence of four years' imprisonment or a fine of €4,271.

In making its decision, the court explained that the critical factor for determining whether a sentence of imprisonment is appropriate in such a case is whether the defendant's driving was consistently reckless or dangerous, or whether the act that brought about the fatality was a momentary lapse of concentration. In the case at hand the defendant, who was driving on a main road, turned right at a junction across oncoming traffic, colliding with the deceased, who was riding on a motorcycle in the opposite direction, and fatally injuring him.

Choosing not to impose a custodial sentence, the court took into account the following mitigating factors:

  • The act was due to a momentary lapse of concentration and not the outcome of consistently reckless or dangerous behaviour.
  • The deceased was also guilty of contributory negligence, since he had been riding without a helmet and his death was the result of injuries to his cranium.
  • The defendant was of good character with no criminal record and had pleaded guilty before the matter came to trial.
  • The prosecuting authorities had delayed prosecution by a year.

Accordingly, the court ordered that the defendant pay a fine of €2,500 and receive five penalty points and a one-year suspension of her driving licence.

Footnotes

1 Chief of Police of Limassol v Paneva 13655/2011 District Court of Limassol.

Originally published in ILO, February 11 2014

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