Man escapes jail because of provocation

The Court of Criminal Appeal changed a jail term into a suspended sentence in the case of a man who had been found guilty of seriously injuring another by hitting him in the face with the handle of a saw.

David Grech, 28, from Żabbar was originally found guilty of seriously injuring Clyde Muscat on December 19, 2004, in Cospicua, damaging Mr Muscat's Toyota Corolla and breaching the peace.

The court, presided over by Mr Justice David Scicluna, ruled that the Magistrates' Court that found Mr Grech guilty had failed to take into consideration the fact that the marks left on Mr Muscat's face were minimal, that Mr Grech had been provoked in the attack and that he had no criminal record.

Mr Justice Scicluna found that, after reviewing these facts, an eight-month jail term was not suitable and so changed the sentence to a four-month jail term suspended for one year.

Lawyer Roberto Montalto appeared for Mr Grech.