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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V8) 1 CLR 105
1909 March 17
(ASSIZE COURT OF FAMAGUSTA.)
[TYSER, C.J., BERTNAM, J., MACASKIE, P.D.C., VASSIFF EFFENDI AND MARKRIDES, JJ.]
REX
v.
KYRIAKO CONSTANTI FRANKOU.
CRIMINAL LAW-OFEENCES AGAINST THE PERSON-COMPENSATION-OTTOMAN PENAL CODE, ARTS. 177-18-SHERI SCALE. OF COMPENSATION-COURTS OF JUSTICE ORDER W COUNCIL, 1882, ART. 159.
In awarding compensation in criminal cases in respect of injuries to the person the Courts proceed not under the Penal Code, but under Art. 159 of the Courts of Justice Order in Council, 1882.
In such cases they are not bound by the scale of compensation prescribed by the Sheri law but proceed according to their own principles.
The prisoner was convicted of wounding a man with intent to kill him, and was sentenced to fifteen years imprisonment.
The wounded man applied for an order far compensation.
Bucknill, K. A., for Crown.
Michaelides for the Defence: This Court is not competent to make the order asked for The only competent Court to make such an order under the Penal Code is a Sheri Court. Art. 180 expressly refers to the three preceding sections, and the system to which these sections refer is that of the scale of compensation prescribed by the Sheri law, and administered in Turkey solely by the Sheri Courts.
Judgment. THE CHIEF JUSTICE: The enactment under which we proceed in these cases is not the article of the Penal. Code itself, but. Art. 159 of the Courts of Justice Order in Council, 1882.
That article authorises us to award compensation in any case in which damages could be recovered in an action.
It is plain from Art.180, that in. the Sheri Court, if nowhere else, an action for damages would lie in this case.
In awarding the damages under Art.159 we are of course not bound by the Sheri scale, but are guided by our own principles.
Compensation awarded.