Issue link: https://maltatoday.uberflip.com/i/1440009
maltatoday | SUNDAY • 2 JANUARY 2022 15 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 - Close to all amenities and located in the commercial district is this 3 storey OFFICE BUILD-ING. Presently arranged in open plan layout on each floor, complimenting this there are a number meeting rooms. Each floor has a balcony and toilet facilities, with the 3rd floor having a front terrace over- looking the main street and the back bal- cony with country views. Although the property is currently being used as offic- es, there is the possibility of converting to two apartments and a penthouse with terrace. The proper-ty is being offered freehold. Asking price: €760,000. Call on:79899838. SAN GWANN- Open plan 190sqm, ready to move into designer finished second floor apartment in a cen-tral quiet street forming part of a block of 5 apartments. Two double A/C bed- rooms and 1 single A/C bed-room, two bathrooms, lift, double glazing doors and windows. Direct from owner €350k inquire on 79402244. TARXIEN - Larger than usual first floor duplex maisonette. Three bedrooms; double glazed windows; in-verter air conditioners including solar water heat- er. Being sold furnished. Own airspace with possibility of further development. Contact owner on 99912005/99450639. SERVICES NEWSPAPER adverts - Book & pay on-line on www.perfecta.com.mt - no extra charges. Call on 21322452 SPARKLE SERVICES LTD for domestic and commercial cleaning services Call 79707734 SITUATIONS VACANT GDA SALES & SERVICE – located in Victoria Gozo urgently require an expe- rienced technician to carry out work on inverters for Bosch and Samsung wash- ing machines. Applicants must be able to speak English or Maltese. Email your CV to: gdatrade@gmail.com HOTEL RECEPTIONIST - required for a busy boutique & spa in Naxxar. Full time must speak fluent Eng-lish and have experience in a similar role. Call 99885352 to apply. PURCHASER (Southeast Asia Pacific) - Pad Thai Kitchen Malta Ltd. is seeking immediate employment on a full-time basis a person with knowledge of Asian goods for Thai & Asian fusion foods and who could manage all of purchas- ing function that focusing on vendors in SEAP (Southeast Asia Pacific) in-cluding defining purchasing plan, costing, and importation compliance. The applicants interested in applying must have knowl- edge of administrative work and well know about the nature of Asian goods is. important. Experienced of ISO9001/ QMS in purchasing or importation pro- cesses will be an ad-vantage. Applicants must be fluent in written and spoken English and plus one of these languages, Thai or Chinese or Japanese. Interested applicants are to send CV by email to padthaikitch-en.malta@gmail.com ROOM ATTENDANT - required to work in a luxury boutique hotel in Naxxar. Full-time, flexible hours on a roster system. Must be fluent in English. Call: 99885352 for more info. SIGNAL 8 - Signal 8 Security Malta Ltd. requires filling positions as Customer Care Clerks, Security Guards, security for places of entertainment and clean- ers. Applicants should be customer care orien-tated, smart and flexible for shift work. Email your CV to hr@signal8se- curitymalta.com.mt 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. WHEN the accused admits to charges, the Court of Criminal Appeal may change the pun- ishment only if it finds an error when the sentence is given. This was held in a judgement deliv- ered by the Court of Criminal Appeal on 22 December 2021 in Il-Pulizija -v- Firas Ale and Mu- hamed Teqer. The Court was presided by Judge Consuelo Scer- ri Herrera. The accused were charged with having false identity documents in November 2021 and that they made use of these false docu- ments. The accused admitted to the charged and the Magistrates Court found them guilty and awarded them a six-month pris- on sentence. The two accused appealed the judgement on the ground that the punishment did not fall within the parameters outlined the law and it was man- ifestly excessive. The accused are minors and therefore Article 37 of the Criminal Code should have been applied and therefore the punishment should be reduced by one or two decrees. Further- more Article 6 of the Probation Act should have been applied. This Article of the law allows that the Probation Services to prepare a report before judgement is de- livered in order to see whether the accused can be given a proba- tion order or a supervision order for a suspended sentence. The Court of Criminal Appeal held that in essence the appeal is limited to the punishment awarded by the Magistates' Court. The judgement quoted from Ir-Repubblika ta' Malta -v- Serag FH Bedn Abid decided on 4 December 2003, which held that it is not common for there be an appeal when the accused admit- ted to the charges. This is due to the fact that the person admitting to the charges is taking responsi- bility of his or her decision and is subjecting oneself to the Court's decision. Notwithstanding this the Court of Appeal should analyse all the circumstances surrounding the case to see whether the punish- ment is excessive or otherwise. In Il-Pulizija -v- Tarquin Vella decided by the Court of Criminal Appeal on 15 September 2020 held that there are 3 elements to punishment. These are Retribution, Pre- vention and Rehabilitation . In Pulizija -v- Gilbert Bezzina de- cided by the Court of Criminal Appeal on 16 October 2020, the court explains these elements. Retributive because the accused must repay for the crime he has committed. Preventive is when there is a fear of the consequenc- es if the accused commits anoth- er crime. The Court held that rehabilitation is essential and crucial for the person concerned to be reformed and will drives him away from delinquency. In The Republic of Malta -v- Kandemir Meryem Nilgum et decided on 25 August 2005, the Court of Criminal Appeal held: "The phrase 'wrong in principle or manifestly excessive' has tra- ditionally been accepted as en- capsulating the Court of Appeal's general approach. It conveys the idea that the Court of Appeal will not interfere merely because the Crown Court sentence is above that which their lordships as in- dividuals would have imposed. The appellant must be able to show that the way he was dealt with was outside the broad range of penalties or other dispositions appropriate to the case." In another judgement Il-Pulizija -v- Dailin Bennetti, decided by the Court of Criminal Appeal on 1 September 2020, the Court held that the Court would not disturb the discretion of the low- er court simply because the judge would have given a different pun- ishment. For a punishment to change, it has to be proved that there was a legal error. Judge Scerri Herrera held that the Court is duty bound to ex- amine all the circumstances in which the lower court was aware of and also if there are other cir- cumstances that developed after the judgement. The minors had admitted to the charges present- ed against them and therefore, under Article 37(2) of the Crim- inal Code, their punishment should have been reduced by 1 or 2 degrees. In this case, what took place is similar to another case Il-Pulizija -v- Abdu Ruhman Abbas decided on 30 November 2020, where a co accused was an adult and the court had award- ed the minimum for the adult and the maximum for the minor. The Court pointed out that Ale and Teqer were unaccompanied minors when they entered Mal- ta as refugees. According to the Guidelines on Policies and Proce- dures in dealing with Unaccom- panied Children Seeking Asylum, explained "'unaccompanied chil- dren have often had little or no choice in the decisions that have led to their predicament and vul- nerability." The Court took into consider- ation that the accused minors were vulnerable when they came to Malta. They depended on their par- ents, they are now in a foreign country without any parents tak- ing care of them and are faced with these criminal proceedings. The Court held that this is an important consideration where a prison term would not serve much. As such the court decided to reform the sentence from ef- fective prison term to probation. Special circumstances may help to change punishments LAW REPORT MALCOLM MIFSUD Mifsud & Mifsud Advocates CLASSIFIEDS INFO @MEDIATODAY.COM.MT