Court of Criminal Appeal annuls sentence in fatal 2017 traffic case over unlawful penalty

The Court of Criminal Appeal has annulled the sentence handed down to Godfrey Gambin for involuntary homicide and related offences, ruling that the penalty imposed by the Court of Magistrates exceeded what the law permits.

The decision was delivered on Tuesday by Madam Justice Consuelo Scerri Herrera.

Gambin was convicted in April of causing the death of his passenger, Jane Mary Turner, in a collision on Triq Sir Temi Zammit, Mġarr, on 20 August 2017.

Turner, who was not wearing a seatbelt, was flung out of the car and pronounced dead at the scene. The driver of the oncoming vehicle required hospital treatment, while Gambin himself spent time in intensive care following the crash.

He had been sentenced to four years’ effective imprisonment, a fine of €11,600, a three-month driving licence suspension and ordered to pay expert fees.

His principal ground of appeal was that the sentence was null from the outset. Article 225(1) of the Criminal Code states that involuntary homicide is punishable by imprisonment for not more than four years or a fine not exceeding €11,646.87. Gambin argued the Court of Magistrates could not impose both sanctions together.

During the appeal sitting on 23 October, the parties agreed that the contested sentence exceeded the limits set by law. The Court of Criminal Appeal held that the combined punishment fell outside the statutory parameters and therefore upheld the appellant’s argument on nullity.

The court did not examine the remaining grounds of appeal, which concerned the appreciation of evidence, contributory negligence, the probative value of the expert report and the proportionality of the original penalty. These issues will now return before the Court of Magistrates.

In its judgment, the Court of Appeal cancelled the entire sentence and remitted the case to the First Court so that proceedings may continue afresh in line with the law, preserving the accused’s right to a double examination of the merits.

Gambin was represented by lawyers Franco Debono and Marion Camilleri.