Reminder: Punishment Must Consider Defendant's Personal Circumstances

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