Two Latvians jailed for three years over counterfeit credit cards had their term reduced to 13 months on appeal after the Magistrates’ Court failed to consider a number of mitigating factors.
Edgards Kervis and Eriks Zakis, both 20, used the counterfeit cards at two casinos in July and were sentenced in August. They appealed, claiming the sentence was excessive.
They argued the magistrate hearing their case failed to mitigate the punishment in view of the fact they had admitted to the charges very early in the proceedings. Also, they had not benefited from the full amounts withdrawn from the cards but were acting on behalf of a much larger ring.
Mr Justice David Scicluna ruled that, while considering the seriousness of the offences, the court must also keep in mind they pleaded guilty to the charges at the earliest possible opportunity, on their arraignment. This should allow them to benefit from a reduction in the punishment.
The judge added that, although they admitted to the charges as formulated, they did not personally benefit from the full amounts mentioned in the charges. Furthermore, both men were young, first-time offenders with clean conduct records.
Still, in view of the nature of the offences, an effective prison term was deemed essential by the judge.