Thief's suspended sentence converted to effective jail term
The Court of Appeal today converted a suspended term given to a relapsed thief into an effective jail term after finding that the lower court should not have handed down a suspended sentence to a relapser.
The appeal was filed by the Attorney General after the Magistrates' Court in June jailed Anthony Galea for two years suspended for three after he pleaded guilty to stealing three mobile phones worth around €2,330 from a Go outlet in Valletta. Mr Galea had pleaded guilty to the charges of theft and of relapsing.
Mr Justice Joseph Galea Debono said the Magistrates' court should have never given Mr Galea a suspended sentence, because he was a relapser. The Magistrates' court could not hand down a suspended term since the Criminal Code provided that a suspended sentence could not be given to relapsers.
Mr Justice Galea Debono converted the two year jail term suspended for three years to effective two years jail term.
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Rache Attard
Oct 9th 2009, 07:52
In an interview in the Sunday Times the Chief Justice stated that: ' The state and society eroded the respect due to judges and magistrates". Any other comment is superfluous.
L Camilleri
Oct 9th 2009, 03:37
Hon Judge Galea Debono, please stay on - Justice and all Maltese law abiding citizens need you. Please.
Borg David
Oct 9th 2009, 00:02
Re: E Muscat
In the Maltese legal system civil and criminal proceedings are separate and heard by different courts, similar to UK and USA law.
Besides the level of proof for conviction in the criminal court is higher than that for civil responsibility.
A similar case was the O J Simpson case in the USA who was acquitted criminally but responsible civilly.
emanuel muscat
Oct 8th 2009, 21:56
@Mr Saliba
Judge Galea Debono clearly stated that a suspended sentence should not have been given to a relapser according to what the law stipulates. So to help you a bit, not in so many words, but it equates to what Mr Peter Bonnici said. However I agree with you that the learned judge Galea Debono will remain a big asset if he is given a long extension.
David Saliba
Oct 8th 2009, 20:05
Mr Bonnici, I don't think that the Hon Judge Galea Debono said anything as to what you imply. But yes of course the Hon Judge has made a correct interpretation of the law, as he so very often does. The suspended sentence and its applicabilty has been placed in the lime light recently by the Hon Chief Justice Dr Degaetano and now endorsed by another Judge.
On a personal note I do wish that whilst Judge Galea Debono is nearing the end of term in office that, should he wishes to stay on is afforded the opportunity to do so.
JOSEPH CURMI
Oct 8th 2009, 19:23
WELL DONE YOUR HONOUR! WE NEED MORE JUDGES LIKE YOU!
Peter Bonnici
Oct 8th 2009, 17:58
Is Judge Galea Debono saying that the Magistrate in question is incompetent to serve such high office?