Reformed thief has sentence slashed on appeal

Judge Giovanni Grixti said the court was impressed with the real progress registered by Roderick Tabone since his imprisonment for stealing a chequebook and multitool from a car, and reformed the appellant's 16-month jail sentence to three years' probation

The man's 16-month prison sentence was converted to a probation order on appeal
The man's 16-month prison sentence was converted to a probation order on appeal

A man jailed for stealing personal belongings from a parked car in 2015 has seen his 16-month prison sentence converted into a probation order on appeal, on account of the progress he has made in abandoning his previous criminal lifestyle.

Roderick Tabone had been jailed for 16 months for aggravated theft in September 2015 after he was found guilty of stealing a pouch containing a chequebook and a multitool from a parked car in 2013. Tabone had also been charged with recidivism, but the first court had abstained from dealing with this point.

Shortly after his sentence was handed down, Tabone had filed an appeal asking for a replacement of the punishment with one that was “more fair and just.”

Judge Giovanni Grixti, presiding over the Court of Appeal said the appeal was a window of opportunity for the court to reassess the accused’s progress in reforming himself.

“The court is not easily impressed by simple declarations that can be made by any person under a custodial sentence to avoid the deprivation of personal liberty,” he said.

“But in this case, the change in the appellant is not something instantaneous or fictitious and the results are corroborated by professionals in the field. The court, therefore, whilst disagreeing with the claim that the prison sentence was disproportionate, agrees that he ought to be given the opportunity to continue on the righteous path.”

Judge Grixti reformed Tabone’s sentence, confirming his guilt but changing his punishment to three years probation.

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