The Supreme Court increased the prison sentence of the accused from 4.5 to 10 years
Accepting the appeal filed by the Attorney General of the Republic for an inadequate prison sentence as imposed by the Nicosia Permanent Criminal Court on a defendant found guilty, among other things, for the offence of sexual assault in violation of Article 146A of the Penal Code (sexual assault by penetration), the Supreme Court today issued a unanimous decision to increase the prison sentence against the accused from 4.5 to 10 years.
In fact, the Supreme Court, in its decision, did not fail to point out in relation to the offence of sexual assault by penetration, that the relevant Article 146A was added to the Penal Code as a recognition that this form of sexual assault was not previously subject to the relevant legislative regulation and severity. This legislative amendment, according to the Court, "is intended to introduce offences that categorise and extend rape to specific forms of sexual acts in ways different from the classical meaning and definition of the offence of rape."
"In cases of sexual offences, case law indicates that deterrent sentences should be imposed for purposes of repression, because of their particular gravity as crimes which are not only against morality, but also offensive to the victim's personality. [...] This situation creates an obligation on the courts to impose particularly dissuasive and therefore severe sentences, with the result that personal circumstances are secondary and the individualisation of the sentence, however imperative, does not play a decisive role," the Supreme Court states.
On behalf of the Attorney General of the Republic, the case was handled by Ms. Louisa Cigar, Attorney for the Republic.
(MΛ)
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