Juan Ameen
Suspended sentence was 'blatantly' in violation of the law
A judge ruled yesterday that the Magistrates' Court was wrong in handing down a suspended jail term to a thief who was a relapser.
Such a judgment "blatantly" violated the law which laid down that a suspended sentence could not be given to a relapser, Mr Justice Joseph Galea Debono, sitting in the Court of Appeal, said.
In June, a magistrate had handed down a two-year jail term suspended for three years after Anthony Galea pleaded guilty to stealing three mobile phones worth about €2,330 from a Go outlet in Valletta and relapsing. A month later, the Attorney General filed an appeal asking that the suspended sentence be converted into an effective jail term.
Mr Justice 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 because of a provision in the Criminal Code stipulating that a suspended sentence could not be given to relapsers, he said.
Such decisions went diametrically against the law and led to a lot of useless work for the appeals court, Mr Justice Galea Debono pointed out. In addition, they also prejudiced the interests of the guilty who would be satisfied with the suspended sentence but were then faced with an appeal by the Attorney General to convert it into an effective jail term.
Furthermore, the judge noted that, judging by his own experience while sitting in the appeals court, the Magistrates' Court was repeatedly handing down suspended sentences even when it was not empowered to do so.
Mr Galea's punishment was not a case of a wrong application of the law, wrong use of the court's discretion or the prosecution not giving all the information about the past criminal record of the accused, Mr Justice Galea Debono said.
Since Mr Galea did not appeal the suspended sentence, Mr Justice Galea Debono could only determine whether the jail term should remain suspended or become effective. He converted the suspended sentence into an effective two-year jail term.
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r pace bonello
Oct 9th 2009, 17:24
How can a magistrate give out a sentence that is illegal? Besides 'blatantly violating' the law it takes up a lot of valuable and unnecessary 'court' time. At least now the public knows that suspended sentences cannot be handed out to relapsers.
J Oatmon
Oct 9th 2009, 17:12
@Mark Galea "My friend, you should start with the UK first."
Agreed, but we are living in Malta, and we are subject to the Maltese 'justice system' - not the equally daft UK system.
Many other parts of the world are far worse, but that does not mean Malta we should not criticise the incompetence of the Maltese 'justice system' .
c. camilleri
Oct 9th 2009, 16:25
It is a pity that Mr. Justice J.Galea Debono is to retire soon. Our courts would be less wise without him. Why not grant him an extension?
Joe Tabone-Adami
Oct 9th 2009, 15:56
That is what makes justice sense to me - and to so many others who are bored stiff of seeing 'suspended sentences' being handed out like free pastizzi!
DVella
Oct 9th 2009, 15:01
Prosit to Judge Galea Debono . . . it is about time someone raised a stink about the ridiculous and petty sentences being handed down by the mechanisms of justice . . . . including suspended sentences!!!
Joe Agius
Oct 9th 2009, 14:37
Law-abiding Maltese are going to miss Dr Galea Debono's strong pair of hands when he goes on a pension in a short time. Is it that difficult for government extend his stay by some more years?
Mark Galea
Oct 9th 2009, 13:07
@J Oatmon
My friend, you should start with the UK first.
Mark Cushcieri
Oct 9th 2009, 11:49
maybe we will start hearing of effective jail terms instead of the usual suspended sentence here and suspended sentence there...this should only be given to first time offenders..well done
J Oatmon
Oct 9th 2009, 11:15
This Mickey Mouse Malta legal 'system' (MMM) is a joke, this article shows without doubt that Malta has some incompetent magistrates.
Surely these people sitting in judgement of others, are subject to an independent review of their actions and capabilities, and the bad/incompetent ones liable for dismissal?
My bet is once your are 'in' as a magistrate, no one can kick you out, except your buddies on the bench - what a conflict of interest.