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ΠΑΓΚΥΠΡΙΟΣ ΔΙΚΗΓΟΡΙΚΟΣ ΣΥΛΛΟΓΟΣ
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(V8) 1 CLR 106
1909 March 10
(ASSIZE COURT OF NICOSIA.)
[TYSER, C.J., BERTRAM, J., HOLMES, P.D.C., IZZET EFFENDI AND MITZIS, JJ.]
REX
v.
CHRISTOPHORO IANNI.
CRIMINAL LAW-JUVENILE OFFENDER-INDECENT OFFENCE-PARENTAL CASTIGATION-SCHEME OF PUNISHMENTS OF OTTOMAN PENAL CODE.
In cases of indecent offences by young boys, the Court, if satisfied that the parent has done his duty in the matter will be disposed to bind over the offender to come up for judgment when called upon, rather than condemn him to a long term of imprisonment.
The accused, a boy of 15, was charged with committing sodomy upon a little boy, several years his junior, and was convicted.
The Court, having commented on the duty of parents in such cases, deferred sentence until the following day and released the convict on bail. In the interval his father, in the presence of an officer of police, and the doctor who had given evidence in the case, administered to the boy an adequate castigation.
These facts having been brought to the notice of the Court, the boy was bound over to be of good behaviour for six months and to come up for judgment when called up.
Bucknill, K.A., for thee Crown.
Theodotou for the Defence.
Judgment. THE CHIEF JUSTICE: The crime committed in this case is of a very serious nature, and if the accused had been older it would have been necessary to sentence him to a considerable term of imprisonment.
I wish to say a few words about the behaviour of the relations of the accused in this case. People in such cases seem to think that they must screen the criminal by withholding evidence. If they would only trust the Court, they would find that the only desire of the Court is to deal reasonably in such matters.
The Court never looks upon the punishment as something given in retaliation for the crime. Those who have studied the Penal Code know that it has three classes of punishments. The first is "frightening or deterrent punishments." The second is "corrective punishments" and the third consists of small punishments, to enforce order, or "police punishments."
The Court always endeavours as far as possible to secure that the punishment may tend to the reformation of the criminal. If the public would only act with the Court some good might be done.
There is one point to which we should like to draw attention. The distribution of the punishments is not always quite adequate. In cases of this kind, for a man the appropriate punishment is a "deterrent punishment," for a boy the punishment should be a corrective punishment. It is indeed a pity that in such a case as this a boy should be brought into the Assize Court at all. It would be better if the law were altered, so as to allow the Magisterial Courts to dispose of such cases summarily, by administering castigation.
In this case the father now seems to have done his duty. It would be well that he and others in the like situation should remember the old maxim "he who spares the rod spoils the child." Under the circumstances, our order is that the boy be bound over to be of good behaviour for six months and to come up for judgment when called upon.