A few seconds of unbridled violence have brought on a three-year-jail term for a psychiatric patient.

The man, who is not being named to protect his identity and that of his family, was found guilty of pummelling his uncle on the head with a hammer, which broke during the attack.

He will not, however, be going to Corradino prison. He will be released from Mount Carmel Hospital within the next few days after having served his term there while receiving treatment under preventative arrest.

On June 2, 2009, the man repeatedly struck his uncle with a hammer and when the hammer broke, resorted to punching him.

During the proceedings, his 67-year-old uncle recounted how the peaceful stillness of his afternoon nap was shattered by the violent and extremely painful beating. Despite this, he still wanted to forgive his nephew.

In the moments after the attack, he could recall his nephew walking around the room telling himself: “Why did you do that? Why did you do that?” as he lay there with blood pouring down his face.

In a police statement, his nephew said that he literally could not see anything as he attacked his sleeping uncle and only stopped once he realised what he had done.

He then phoned his father who rushed over and called an ambulance.

In submissions, defence lawyers José Herrera and Veronique Dalli said that since their client had been charged with attempted murder, the maximum jail term exceeded 10 years and it was not within the competence of a magistrate to decide.

Magistrate Audrey Demicoli pointed out that the Attorney General had accused the nephew of attempted murder using Article 41 1(b) which makes an exception for someone like the nephew who suddenly realised what he was doing and stopped.

However, he caused serious injuries which placed the maximum amount of jail time at nine years, the magistrate said.

Before handing down judgement she took into consideration the psychiatrist’s report and the fact that the uncle had forgiven the accused.

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