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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V8) 1 CLR 8
1908 January 31
(ASSIZE COURT OF PAPHOS.)
[TYSER, C.J., BERTRAM, J., STUART, P.D.C., SAMI EFFENDI, AND DEMETRIADES, JJ.]
REX
v.
TEVFIK OMER.
CRIMINAL LAW-LARCENY WITH VIOLENCE-OTTOMAN PENAL CODE, ART.221.
A person may be convicted of larceny with violence under Art.221 of the Ottoman Penal Code (which refers to "violence where no traces of wounds are left") even although the violence in question leaves traces of wounds.
A prosecution does not fail because the Crown proves circumstances of greater aggravation than those charged.
The accused was charged under Art.221 of the Ottoman Penal Code with the crime of larceny with violence committed on one Haji Hassan Mustafa. It was proved that he attacked the complainant, who was sleeping in a mosque at Poli, wounded him with a knife anf robbed him of 14s. 6cp. in money.
The Ottoman Penal Code recognises the following degrees of larceny with violence:-
1. Larceny with violence, and four other aggravating circumstances (Art. 217);
2. Larceny with violence, not leaving traces of wounds, and two other aggravating circumstances (Art. 218);
3. Larceny with violence, leaving traces of wounds, and two other aggravating circumstances (Art. 218);
4. Simple larceny with violence, leaving no traces of wounds (Art. 221).
This scheme seem not to provide specifically for the case of simple larceny with violence leaving traces of wounds.
Bucknill, K.A., for the Crown, submitted that the words in Art. 221, "where no trace of wounds is left" were not intended to exclude cases where the violence used left traces of wounds. They must be taken to mean, "even though no traces of wounds are left."
TYSER, C.J.: The words in the Turkish text do not seem to bear the sense suggested by the King's Advocate. It is sufficient to say that where a person is accused of a crime the prosecution does not fail because the Crown proves circumstances of greater aggravation than those charged.
The other members of the Court concurred.
Sentence: Three years hard labour.