The remarkable transformation of a drug addict from leading an unruly and criminal life into a hardworking family man earned him a variation of punishment from a 16-month effective jail term to a three-year probation order.

Roderick Tabone was convicted two years ago after facing criminal proceedings over the theft of a pouch containing a cheque book and a multi tool from a parked vehicle in Siġġiewi.

A pre-sentencing report presented to the first court had recommended an effective jail term as the ‘only solution’ for the man who had committed the theft while under probation and in breach of an earlier conditional discharge.

Yet, two years down the line, when his case reached appeal stage, the court heard the same probation officer, who had been following the accused since 2013 and who had drawn up the earlier pre-sentencing report, declare that the ‘appellant was a reformed man’.

Not only had he voluntarily subscribed to a rehabilitation programme which he completed successfully, he took up a regular job, worked long hours and earned the full trust of his employer.

Moreover, he kept regular appointments with his probation officer, had since tested clean of drugs and had entered into a stable relationship, becoming a father of one with a second child on the way.

Such a ‘remarkable transformation’ merited ‘a window of opportunity’ rewarding the appellant for the progress achieved, the court noted.

Mr Justice Giovanni Grixti, presiding over the court of appeal, noted that the accused had manifested ‘clear signs’ that he intended to distance himself from his former unruly and criminal lifestyle.

Even professionals assisting the man had testified that they were convinced of his transformation, the court observed.

In the light of such circumstances the court, whilst confirming the conviction, varied the sentence from a 16-month effective jail term to a three-year Probation Order.

Lawyers Franco Debono, Marion Camilleri and Yanika Vidal were defence counsel.

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