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THE Magistrates' Court, presided over by Magistrate Giannella Camill- eri Busuttil, delivered judgment on 9 December 2025 in a criminal case involving a violent assault and signif- icant property damage committed in December 2024. The accused, who was a minor at the time of the incident, pleaded guilty to all charges brought against him. Al- though he was no longer a minor when prosecuted, the court applied the le- gal framework applicable to juveniles when determining punishment. The case concerned an incident that occurred in the early hours of 7 De- cember 2024, between approximate- ly 4am and 6am, in Triq Hompesch, Fgura, and other locations in Malta. According to the charges filed by the prosecution, the accused caused griev- ous bodily harm to the victim without the intention to kill or endanger life, using an improvised weapon. The se- verity of the injuries was medically certified. In addition, the accused was charged with wilfully causing exten- sive damage to property belonging to the same victim, with the value of the damage exceeding €2,500. At the time the offences were com- mitted, the accused was still under the age of 18. By the time the case reached court and sentence was handed down, he had turned 18. This distinction proved crucial in the court's final de- cision on punishment, as Maltese law requires courts to consider the age of the offender at the time of the offence when applying sentencing provisions. During the proceedings, the accused formally admitted guilt to all charges. The court confirmed that this admis- sion was voluntary and unconditional, and that it was made after the accused had been warned of its legal conse- quences and granted sufficient time to reconsider his plea. As a result of this admission, the court found the ac- cused guilty without the need for a full evidentiary trial. The prosecution outlined the seri- ousness of the offences, emphasising both the violent nature of the assault and the substantial financial damage caused. The prosecution initially re- quested that, in the event of a convic- tion, the court apply the relevant pro- visions of the Criminal Code allowing for compensation and restitution to the victim, as well as protective meas- ures to ensure the victim's safety. The prosecution also requested that the court consider additional legal meas- ures available under Maltese law for serious offences. The defence for the accused, focused its submissions primarily on mitiga- tion. The defence highlighted that the accused had no prior criminal record and that he had cooperated fully with the authorities by admitting guilt at a relatively early stage. Particular em- phasis was placed on the fact that the accused was a minor at the time of the incident, arguing that this warranted the application of juvenile sentenc- ing provisions aimed at rehabilitation rather than punishment alone. During a sitting held in September 2025, de- fence counsel informed the court that the accused had provided the victim with a cheque for €2,500 as a full and final settlement of all civil claims, sub- ject to the completion of vehicle repairs in accordance with an independent surveyor's report. This arrangement was confirmed in court by the lawyer representing the victim, who accept- ed the settlement on the stated con- ditions. In light of this agreement, the prosecution informed the court that it was no longer pursuing its request for a compensation order. The court also took into account a pre-sentencing report prepared by a probation officer. The report rec- ommended a suspended sentence combined with a supervision order, stressing the need for psychological or psychiatric treatment to address the accused's aggressive behaviour. The probation officer noted the im- portance of ensuring that the accused understood the seriousness of his ob- ligations under such an order and the consequences of any breach. In delivering sentence, the court ac- knowledged the gravity of the offenc- es and the harm caused to the victim. However, it also considered the miti- gating factors presented, including the accused's clean criminal record, his early guilty plea, and, most significant- ly, his age at the time of the offence. On this basis, the court applied Article 37 of the Criminal Code, which gov- erns the sentencing of offenders who were minors when the crime was com- mitted. The court sentenced the accused to two years' imprisonment, suspended for a period of four years. In addition, a three-year supervision order was im- posed, placing the accused under the oversight of a probation officer and subject to specific conditions, includ- ing treatment requirements. A re- straining order was also issued to pro- tect the victim, prohibiting contact for a period of three years. Finally, the court ordered a ban on the publication of the accused's name and personal details, citing the fact that he was a minor at the time of the offences. 8 maltatoday | SUNDAY • 28 DECEMBER 2025 OPINION & LAW Age as a mitigating factor in criminal proceedings ROBERTA BONELLO FELICE Associate Mifsud & Mifsud Advocates