Court of Appeal suspended sentences for 50-year-old convicted of robbery with stabbing
A superior court suspended the custodial sentences imposed on a 50-year-old builder, finding that the first-instance decision overlooked critical factors.
Court of Appeal suspended sentences for 50-year-old convicted of robbery with stabbing
A superior court suspended the custodial sentences imposed on a 50-year-old builder, finding that the first-instance decision overlooked critical factors.
The convicted man had admitted charges of robbery and conspiracy to commit a felony. The first-instance court had imposed sentences of 18 and 9 months respectively, with immediate commencement of serving the sentences.
The incident occurred during a drug transaction valued at 60 euros. The 50-year-old travelled to the meeting point with an accomplice. After the exchange was completed, the passenger snatched the money from the buyer, beat him and stabbed him in the back. The driver of the vehicle, the convicted man, got out, ascertained what had happened and subsequently abandoned the injured buyer.
In his appeal, the man did not dispute the length of the sentences, but requested their suspension. He cited his family circumstances, a clean criminal record, his admission of guilt, his remorse, his cooperation with the prosecution authorities and the fact that six years had passed since the commission of the acts.
The superior court took into account that the appellant is the father of three children, has resided permanently on the island since 1997, works as a self-employed builder and faces health problems following a heart attack he suffered in the past. It also found that he had no leadership role in the robbery and had not planned the attack.
Although it acknowledged the gravity of the injury and the abandonment of the victim, the Court of Appeal ruled that the first-instance decision placed excessive emphasis on the need for a deterrent sentence. It allowed the appeal, quashed the immediate commencement of serving the sentence and ordered a three-year suspension.
Source: Philenews
Source: Philenews