Man avoids jail as court suspends sentence in Qormi burglary appeal

A man convicted of assisting in an aggravated burglary in Qormi has avoided an immediate prison term after the Court of Criminal Appeal ruled that his criminal behaviour was primarily linked to drug dependency.

The court, presided over by Judge Edwina Grima, partially upheld the appeal of the man, who had been sentenced in October 2023 to three years’ imprisonment after being found guilty of complicity in an aggravated theft, committing an offence while under a suspended sentence, and recidivism.

The case stems from a burglary that took place on 7 March 2021 at a residence in Triq il-Vitorja, Qormi, belonging to a couple, while they were away from home. Cash amounting to €100 was stolen, and damage was caused to the property’s door and lock.

Although the accused was not found to be one of the individuals who physically broke into the residence, the court confirmed earlier findings that he knowingly assisted the perpetrators by transporting them to and from the scene in his vehicle.

CCTV footage played a central role in the prosecution’s case, showing the movements of the suspects before and after the burglary, including the arrival of a red Skoda vehicle registered in the accused name.

The defence had argued that the evidence was insufficient and that Agius had no knowledge of the intended crime. However, the appellate court rejected these claims, noting inconsistencies between the accused police statement and his court testimony, as well as his admitted familiarity with one of the main perpetrators, whom he knew from prison.

The court concluded that he had shared a “common design” with the burglars and had facilitated the commission of the offence.

However, the court took a different view when it came to sentencing. During the appeal proceedings, he requested that the court assume the role of a Drug Court, a request that was not opposed by the Attorney General. Expert testimony and reports confirmed his history of substance abuse and documented his successful completion of a rehabilitation programme.

A report from the Rehabilitation Board for Persons with Drug Dependency stated that his case had been closed successfully, noting his compliance with the treatment plan and positive progress.

In light of this, the court ruled that the offences were mainly attributable to his drug dependency and applied the provisions of the law allowing the suspension of mandatory imprisonment in such cases.

The original prison sentence was therefore revoked and replaced with a two-year prison term suspended for four years, together with a four-year supervision order. The court also ordered him to pay €879.57 in expert fees related to the case.

The court warned him of the serious consequences should he reoffend or breach the conditions imposed, adding that, subject to legal conditions, the conviction would not appear on his conduct certificate after the stipulated period.

Lawyers Franco Debono, Marion Camlleri and Adreana Zammit represented the accused.