Nicosia, Cyprus. A court of appeal on Monday increased a drug trafficking sentence for possession of 12.9kg of cannabis from nine years to 12 years.
Initial ruling
The defendant had admitted at his initial trial to possession of 12.9kg of cannabis with intent to supply. The lower court imposed a nine-year sentence for possession with intent to supply, absorbing the more serious offence into simple possession.
Appeal
The attorney general appealed, arguing that the sentence was too lenient and that the court had overlooked the seriousness of the offence and misapplied sentencing case law.
Court findings
The court of appeal said that sentencing is primarily a first-instance responsibility, but that it may intervene when a sentence is manifestly insufficient or excessive. It said its role is to ensure accuracy rather than to reassess punishment.
The court described the defendant as “a key link in the chain of spreading slow death,” saying the drugs chiefly affected young people. It also noted a continuous rise in drug-related offences and said strict treatment of offenders was imperative.
Mitigating factors
The court cited mitigating factors including a clean criminal record, a confession and personal circumstances. It said too much weight had been given to those factors, creating a “blatant discrepancy” between the seriousness of the offence and the sentence.
Earlier case law
The court of appeal also referred to earlier case law that stressed the need for deterrent sentences.
