The Court of Appeal upheld the conviction and sentence of the driver who fatally struck Androulla Papachristoforou in Paphos on 19 December 2021.
Charges and initial verdict
Before the Paphos Assize Court, the driver faced charges of homicide, causing death through reckless or dangerous conduct, and leaving the scene of an accident without offering assistance.
He denied these charges but admitted to four lesser offences, including driving without a valid licence, without insurance, without vehicle registration, and operating a vehicle in a condition that posed a danger to others.
The court sentenced him to six years’ imprisonment for homicide and three years for leaving the scene, while imposing one-month sentences for each of the four admitted offences, all to run concurrently.
The driver appealed both his conviction and the six-year sentence for homicide, citing eleven reasons against the conviction and one reason against the sentence.
Accident details from the appeal ruling
The Court of Appeal outlined the events: Papachristoforou, wearing a black jacket, attempted to cross the road when an unidentified vehicle struck her. While she was seated and trying to move, the driver’s vehicle hit her again, dragging her further. The driver stopped briefly, spoke to bystanders, then moved the car forward and backwards, ultimately freeing the victim, before driving away from the scene. Witnesses reported she remained conscious until emergency services arrived and later died in hospital from her injuries.
Forensic analysis confirmed that the fatal injuries resulted from hemorrhagic shock due to multiple trauma, primarily caused by the second vehicle.
Court finds evidence robust
The Appeal Court rejected all arguments, noting that the Assize Court carefully assessed witness credibility, visibility conditions, and forensic evidence. It confirmed that the victim was within the driver’s headlights and that road and weather conditions did not impede his view. Claims that the driver did not realise he hit a person were dismissed as implausible.
The court also upheld the assessment of the forensic pathologist, confirming that the sequence of collisions caused the fatal injuries. Alleged inconsistencies or minor inaccuracies in testimony did not undermine the original verdict.
Conviction and sentence justified
The Appeal Court emphasised that the driver’s actions constituted grossly negligent conduct, from the initial collision to leaving the scene, creating a foreseeable risk to human life. The court also rejected arguments challenging convictions for lesser offences and affirmed that the driver provided false statements to the police.
Finally, the Court of Appeal ruled that the six-year sentence for homicide was appropriate, balancing the severity of the offence, the need to protect human life, and deterrence, while considering the defendant’s personal circumstances and any mitigating factors.
The appeal was fully dismissed, upholding both the conviction and the original prison sentence.
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