Issue link: https://maltatoday.uberflip.com/i/1256426
15 maltatoday | SUNDAY • 7 JUNE 2020 LAW CLASSIFIEDS HOLIDAY ACCOMMODATION MARSALFORN, Gozo - holiday apart- ments for short or long lets with mag- nificent sea-views. Call 21556021, 27556021, 79426883 PROPERTY TO LET XLENDI - catering premises in prime site to let. Can be used for other com- mercial purposes. Phone 79493021, 79426883, 77481592 or 77484029 PROPERTY FOR SALE SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a central quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bedroom, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TAR XIEN - Larger than usual first floor duplex maisonette. Three bed- rooms; double glazed windows; invert- er air conditioners including solar water heater. Being sold furnished. Own airspace with possibility of fur- ther development. Contact owner on 99912005/99450639 SERVICES TEACHING - English language one- to-one. Higher levels and examination preparation. Tel: 99336088 SITUATIONS VACANT SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Payroll Clerks, Security Guards, security for places of entertainment and cleaners. Applicants should be customer care orientated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt SPA THERAPIST Required for a bou- tique hotel. Full time hours including weekends and public holidays. Must be flexible with hours. At least 5 years experience in a similar post. Must be specialised in colonic irrigation. For more info please call Village Concept on 99885352. TICKET SELLER - Captain Morgan Operators are looking to employ a tick- et seller, applicant must speak English and be able to work Weekends & Public Holidays. Please send a CV on elouise. zammit@fortelgrooupd.com CHEFS - Tikka Thai Street Food of Naxxar is seeking the immediate employment, on a full-time basis, of two Thai Food Chefs. Their duties will include choosing the right ingredients on the market, food preparation, and cooking of authentic Thai dishes. The ideal candidates should be in possession of the appropriate catering qualifica- tions. In the absence of qualifications, a minimum of five years' experience is required, in a similar Thai restaurant working as a Chef. A salary of €9,600 per annum is being offered to the suitable candidates. Interested candidates are to send their cv by email to piak@onvol.net by not later than 19th June 2020. CASHIER / GENERAL ATTENDANT - Tikka Thai Street Food of Naxxar are seeking the immediate employment, on a full-time basis, of a person with knowledge of Thai cuisine, to work as a cashier and to also assist in general res- taurant duties, for example explaining to customers the ingredients of dishes offered. Although no particular qualifi- cations are required, the ideal candidate must be fluent in written and spoken Thai and English, must also demonstrate sound knowledge of Thai traditions and Thai cuisine and have a minimum of six months' experience working in a similar environment. The candidate must also have a clean criminal record. The duties of the chosen candidate will include handling sales, assisting patrons with queries, helping as necessary in the res- taurant (not cooking). A salary of €9,600 per annum is being offered to the suita- ble candidate. Interested candidates are to send their cv by email to piak@onvol. net by not later than 19th June 2020. WANTED COLLECTIBLE items such panini albums and loose stickers, old postcards and posted envelopes, medals, militar- ia, coins and paper money, books, toys, stamps, badges, paintings, gold & silver items etc. Call on 21310238, 99246632 Dr Malcolm Mifsud is a partner at Mifsud & Mifsud Advocates THE Court of Criminal Appeal switched the punishment of a per- son who was first awarded a sus- pended sentence, since this was not permitted at law. This was held in a judgment on 2 June 2020 by Mad- ame Justice Consuelo Scerri Herrera in Il-Pulizija -v- Rodrick Zahra and Ruth Spiteri. The two accused were charged for a number of thefts of gas cylinders in 2017 in various localities in Malta. Spiteri was also charged on breach- ing a conditional discharge given in a previous judgment in terms of Ar- ticle 22 of the Probation Act. The Magistrates Court, in its judgement, found both guilty and awarded Zahra a three-year prison sentence and Spiteri a 18 month prison sentence suspended for 24 months. The Attorney General appealed the judgement saying that Spiteri could not have been given a suspended sentence, since Article 28A(7)(c) of the Criminal Court, which states: "(7) An order under subarticle (1) shall not be made in any of the fol- lowing cases… (c) where the offence has been committed during a period of probation or of conditional dis- charge under the Probation Act." The Court pointed out that Spiteri had admitted, including the charge that she breached the conditional discharge and therefore, the Court of Criminal Appeal has to decide whether the Magistrates' Court could have given a suspended sen- tence in according to Article 28A of the Criminal Code. The Court held that on 13 Octo- ber 2017, Spiteri admitted to com- plicity to theft. On the same day she was sentenced to a suspended pris- on sentence. Spiteri did not appeal from this judgement. The Attorney General (AG) held that the first court should have first dealt with the crime committed when Spiteri was given a condition- al discharge in that a punishment should be awarded for that crime and this is in terms of Article 23(1) (a) of the Probation Act. In fact the crime in question was a simple theft in 2016 and she was given a con- ditional discharge for six months. The charges of theft in this particu- lar case took place within the six- month period. Article 23(1)(a) gives the discretion to the Court wheth- er to deal with the crime previously committed or not. In this case where there is a different court, such as a Court of Criminal Appeal, the acts should be sent back to the Magis- trates Court to deal with this previ- ous crime. As such, then the Court of Criminal Appeal is not prohibit- ed from giving Spiteri a probation order for the crimes committed in 2017. Madame Justice Scerri Herrera took a number of factors into con- sideration, including that Spiteri had cooperated with the police when she was arrested. Furthermore, her criminal record goes back to 2005, but it is not alarming. Therefore, the Court felt that the appropriate punishment should be probation. The Court quoted from Il-Pulizija -v- George Farrugia de- cided on 18 January 2001, where the Court of Criminal Appeal, where Farrugia was given a probation or- der irrespective of the fact that he had 77 previous criminal sentences, however, the Court saw that there was a wind of opportunity for him to reform. The Court had quoted from a book entitled Principles of Sentencing, the authored by David Thomas, who wrote: "The probation order is clear- ly the most important individualized measure available to a sentencer. It is not limited to any one group of of- fenders [...] probation is used to deal with recidivists of mature age as well as the young and those of good char- acter." Therefore, in terms of Article 7(2) of the Probation Act, Spiteri was made subject to a probation order for three years. Suspended sentence cannot be awarded in certain circumstances LAW Classifieds