George Degabriele, who had been jailed for two years for his involvement in a hold-up, had his punishment reduced to 350 hours of community work on appeal.

Mr Degabriele had originally been found guilty of his involvement in stealing mobile phone top up vouchers and other items from Hudson Confectionery in Qormi in March 2004.

He had also been found guilty of the illegal possession of a revolver and ammunition, firing gun in an inhabited area and driving a car without a licence or insurance cover.

The Magistrates' Court had jailed him for two years, fined him €582 and banned him from driving for two years.

But the court of appeal, presided by Mr Justice Michael Mallia, found that the first court should not have found him guilty of the charges involving the gun.

During the hold-up Mr Degabriele's role was limited to driving the getaway car. Another man, Martin Cassar, had admitted to entering the confectionery with the gun and firing it. No one was hit.

For this reason the judge cleared Mr Degabriele of those charges. He also noted that since the commission of the crime the accused had changed his ways.

He reduced the jail term to the community work and ordered that Mr Degabriele pay the victim €1,165 in compensation. The fine and driving ban were retained.