Man acquitted of attempted murder - convicted of stabbing in self-defence
A jury this afternoon acquitted a 23-year-old man of attempted murder but found him guilty of stabbing and seriously injuring a young man having overstepped the limits of self defence because he was scared. Johann Montfort was found not guilty, by...
A jury this afternoon acquitted a 23-year-old man of attempted murder but found him guilty of stabbing and seriously injuring a young man having overstepped the limits of self defence because he was scared.
Johann Montfort was found not guilty, by eight votes to one, of trying to kill Joseph Digby, 22, who was 18 at the time, on June 24, 2006. He had faced a maximum of 30 years jail had he been convicted of all charges.
The jurors, however, found him guilty of seriously injuring Mr Digby in an action that was excusable by the fact that he acted in excessive self defence and was frightened.
He was found guilty, by seven votes to two, of the illegal possession of a flick knife. He was jailed for one month for the knife possession after the court noted that had in the past been found guilty of illegal possession of a weapon - a harpoon
According to the law, when a crime is excusable by excessive self defence due to fear, there is a declaration of guilt but no punishment for that action.
Jurors started their deliberations late yesterday.
Mr Montfort had claimed he had gone to a car park, near Axis nightclub in Paceville and the victim and his friends started a fight when he was reminded by one of the victim's friends, Christopher Vella, that he owed him Lm10 (€23).
As the group of young men approached him he brandished a flick knife to defend himself and injured Mr Digby.
Lawyers Franco Debono and Marion Camilleri appeared for the accused.