Repeat offender sentenced again for restaurant theft

A 27-year-old man has been sentenced to a total of 17 months’ imprisonment after admitting to stealing cash from a restaurant while subject to a probation order.

Llewwlyn Xerri, from Qormi, was charged with an aggravated cash theft from Bacchus Restaurant in Mdina in 2023.  Xerri was also charged with committing the offence while under an operative probation order.

The prosecution further requested that the court consider Xerri a recidivist, in view of several previous final convictions.

During proceedings, the man initially denied the charges but later registered a guilty plea.

The court heard testimony from Xerri’s probation officer and reviewed a pre-sentencing report, which outlined Xerri’s long-standing struggles with cocaine and alcohol abuse. The report confirmed that his addiction played a significant role in the commission of the offence.

It also emerged that Xerri had cooperated with police during the investigation and had refunded the €600 stolen from the victim prior to the start of court proceedings, a factor which ordinarily merits a reduction in sentence. However, the court observed that this mitigation was outweighed by the accused’s extensive criminal record.

It was noted that Xerri had eight previous convictions, six of which were related to theft and the remaining two were traffic offences and domestic violence convictions.

The court said that despite having been granted several opportunities in the past, including suspended sentences and probation orders, the accused’s criminal behaviour had persisted.

Xerri is currently serving another prison sentence of four and a half years in connection with other offences.

The court acknowledged that while incarcerated, Xerri had begun therapy, applied for a residential drug rehabilitation programme, attended educational classes, and started working in the prison kitchen, indicating some effort towards rehabilitation.

Nevertheless, given his status as a repeat recidivist and the fact that the offence was committed while on probation, the court ruled that an effective custodial sentence was unavoidable.

Xerri was sentenced to 17 months’ imprisonment total, 11 months  for the theft and recidivism charge and an additional six months’ imprisonment for the probation order breach.

The case was presided over by Magistrate Marse-Ann Farrugia.