A man who was sentenced to two years and six months in jail before the judgment was declared null on appeal has now been jailed for 12 months.

Geani Morin was convicted of stealing a mobile phone, a pair of jeans and a shirt from two shops in Sliema, handling stolen property and illegal possessing a knife.

He was sentenced in December and filed an appeal arguing that Article 382 of the criminal code was not adhered to.

The Article states: “The court, in delivering judgment against the accused, shall state the facts of which he has been found guilty, shall award punishment and shall quote the article of this Code or of any other law creating the offence.”

Mr Morin argued the articles of law were not quoted when the magistrate pronounced guilt.

A suspended jail term was also brought into force.

Mr Justice Michael Mallia said the mistake was enough to declare the judgment void.

He reheard the evidence and found that he could only be found guilty of handling stolen items and that he could never have had a suspended jail term implemented because he was never charged with breaching the conditions of a suspended jail term.

 

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