Two men who had been conditionally discharged for making off with a pistol and cash during a 2013 burglary have also been slapped with a fine following an appeal filed by the Attorney General.

Glenn Gatt, 26 and Luca Sultana, 22, had admitted to theft from a house in Lija and stealing a Glock pistol. They were also charged with carrying a firearm without a licence, while Mr Gatt was further accused of relapsing since he had been under a conditional discharge at the time of the offence.

The men were conditionally discharged, Mr Sultana for 18 months and Mr Gatt for three years. The latter was also placed under probation and ordered to complete 50 hours of community service for the crime.

In his appeal, the AG argued that the punishment doled out to the two men was below the minimum prescribed by law, adding that the previous court had only punished the men for burglary and not for the other charges. Moreover, offences under the Arms Act were not eligible for probation.

Possessing a firearm without a licence is punishable by imprisonment from three months to five years or a fine of at least €692, if the court was satisfied that the weapon was not intended for sale or illegal use. The men were also liable for a fine of €233 or up to six months imprisonment for not informing the Police Commissioner that a firearm had come into their possession.

Mr Jusice Antonio Grixti frankly acknowledged the previous court's error, noting that "the Attorney General is right". The court was permitted to impose probation for the first charge but the other charges called for a different punishment.

The men were each fined €1,100 as well as ordered to pay €1,188 to foot the bill for the costs incurred in prosecuting the case.