Jail term halved for man convicted on offence he was not charged with

Geani Roberto Morin had his 24-month jail term reduced to 12 months, after a Court of Appeal ruled that he had been sentenced for an offence he was not charged with.

On 19 August 2012, Morin’s landlord complained to the police that the man was not paying his rent. When officers called at the residence, they were refused entrance however the police noticed that Morin and his girlfriend had thrown a mobile phone out of a window. 

Once inside the apartment, officers searched the place and found brand new clothing, including items which had been reported stolen from Sliema outlets.

The man could not explain how the clothes were in his possession and the police later found the phone outside the residence, which also resulted stolen.

In the residence officers also found an unlicensed flick-knife and Inspector Trevor Micallef charged Morini with the theft of a mobile phone, theft of a Sisley shirt and Killah jeans from Sliema shops, being in possession of an unlicensed edged weapon, handling stolen property and breached bail conditions by absconding from Malta.

On 13 September, the Court of Magistrates found the man guilty as charged and the court cashed in the €1,800 deposited as bail money, brought into effect a year’s imprisonment previously suspended and handed Morini and additional 18-month jail term for handling stolen property and keeping an unlicensed weapon. He was cleared of the thefts.

However Morini appealed judgement arguing he was never charged with committing an offence during the term of a suspended sentence, so the first court could not sentence him for it.

Moreover the appellant argued he had already been charged and judged for breaching bail conditions, “even if the prosecution should not have proceeded ex ufficio without first hearing the version of the accused”.

Judge Michael Mallia upheld Morini’s appeal, ruling the first court could not deliver judgement over an offence which was not raised against the accused and the man couldn’t be charged again over breaching bail conditions.

The court of appeal revoked the first judgement, and found Morin guilty of handling stolen property and keeping an unlicensed flick-knife, he was jailed for 12-months.

Dr Roberto Montalto represented the accused