Two men who had been conditionally discharged for stealing a pistol and cash during a 2013 burglary were fined following a mistake by the court.
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 accused of relapsing.
Mr Sultana was conditionally discharged 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.
The Attorney General filed an appeal, arguing that the punishment was below the minimum prescribed by law. Offenders under the Arms Act were not eligible for probation.
Mr Justice Antonio Grixti acknowledged the first court’s error, noting that the Attorney General was “right”. The court could order probation for the first charge but the other charges called for a different punishment.
The two men were fined €1,100 each and ordered to pay €1,188 in court expenses.