A man found guilty of trying to illegally export 100,000 gun cartridges to Libya was made to pay an additional fine of €9,000 as a magistrate omitted to mention it in his written judgment.

The ammunition was found hidden among €40,000 worth of Red Bull energy drinks and €45,000 worth of toiletries last August.

The mistake emerged after Mark Agius was fined €600 and sentenced to two years in jail, suspended for two years, in 2012.

During proceedings, the defence and prosecution agreed that he be fined an additional €9,000 for the crime but this was not recorded in the judgment.

The Attorney General then appealed, asking the court to amend the mistake and increase the fine.

In the appeal judgment, Mr Justice Michael Mallia said while plea bargaining in the Magistrates’ Court was not regulated by law, when the parties and the adjudicator agreed, this should be reflected in sentencing.

He said the acts of the proceedings clearly showed the parties had agreed on the fine and, in fact, the magistrate had declared it verbally.