Effective jail term changed to suspended sentence after successful drug rehabilitation

A criminal appeals court has converted a nine-month effective prison sentence into a suspended sentence, after the accused was officially recognised as successfully rehabilitated from his drug addicition.

Denis Zammit, 59, from San Ġwann, had been found guilty of aggravated possession of cocaine not for his personal use, and of committing the offence in an aggravated area in Paceville.

The case dated back to March 2017, when police, following a search at the Monte Carlo club in Paceville, discovered five small sachets of cocaine in his jacket pocket, with a total weight of over five grams and a purity level of around 20%.

Further quantities of drugs, including a small amount of cannabis, were later found at his residence, along with items such as electronic scales, a grinder, and plastic bags, although these showed no traces of substances.

The court had originally sentenced Zammit to nine months in prison and a €1,000 fine, after finding him guilty of aggravated possession of cocaine and of committing the offence in an aggravated zone.

However, the Court of Appeal noted that during the appeal process, Zammit had successfully completed a rehabilitation programme under the supervision of the Drug Board and a Probation Officer. The final report confirmed that he had completed his treatment successfully and was now living a stable, law-abiding life.

In its judgment, the Court of Appeal found no reason to doubt the lower court’s conclusions regarding guilt, noting that the evidence clearly showed the drugs were not for personal use, given their quantity and context.

Nonetheless, the court took into account the appellant’s significant progress and personal commitment to overcoming his addiction and opted to replace the prison sentence with a suspended one, subject to conditions.

As a result, Zammit’s nine-month jail term was suspended for three years, while the €1,000 fine and €424.42 in court costs were upheld. The court also ordered the return of his mobile phone, while the seized drugs and related items are to be destroyed.

The prosecution was led by Inspector Jonathan Cassar.

The case was presided over by Judge Natasha Galea Sciberras.