A judgment that sentenced a man to two years and six months in jail has been declared null on appeal and the case has been sent back to the Magistrates Court to be heard again after a procedural error.

Geani Morin was convicted of stealing a mobile phone, a pair of jeans and a shirt from two shops in Sliema, handling stolen property and illegal possessing a knife.

He was sentenced in December and filed an appeal arguing that Article 382 of the criminal code was not adhered to.

The Article states: “The court, in delivering judgment against the accused, shall state the facts of which he has been found guilty, shall award punishment and shall quote the article of this Code or of any other law creating the offence.”

Mr Morin argued the articles of law were not quoted when the magistrate pronounced guilt.

Mr Justice Michael Mallia said the mistake was enough to declare the judgment void. He ordered the case to be sent back to the Magistrates’ Court and reheard from the start.

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