Court reduces prison sentence in domestic violence appeal

The Court of Criminal Appeal has partially upheld an appeal filed by a man who punched his ex-girlfriend in the nose infront of a seven-year-old in 2023.

On Friday, the court partially confirmed an appeal filed by Tyson Bugeja, reducing his prison sentence from three years to two and half, while confirming most of the findings of guild related to domestic violence offences against his ex-partner.

Bugeja had originally been charged with a multitude of offences connected to incidents that occured in September and October 2023. The appellant was charged with voluntarily causing slight bodily harm to the victim in September as well as October, two incidents of assault intended to attack, insult and threaten the woman, and causing her to fear violence against her or her loved ones. 

The appellant was also charged with breaching bail conditions previously imposed by the courts and was considered a recidivist due to previous convictions. He had been accused of damaging another woman’s car and armed robbery in the past.

The alleged incidents occurred during the relationship in front of their daughter, the court hears.

In May 2025, the Court of Magistrates had found Bugeja guilty of most of the charges and sentenced him to 36 months’ effective imprisonment. The court had also ordered the partial forfeiture of €5,000 from a bail guarantee and issued a three-year protection order in favour of the victim and her family.

Bugeja appealed the judgment, arguing the evidence did not prove the offences beyond reasonable doubt as required by law.

He also challenged the finding that the incidents constituted domestic violence, claiming that no birth certificate had been produced to prove that the couple shared a child.

He further argued the medical certificates presented did not properly establish a link between the injuries sustained and the alleged incidents.

The Court of Appeal reiterated it does not interfere with the factual findings of the first court unless those conclusions are unreasonable or legally incorrect.

Regarding the relationship between the parties, the court held that the victim’s testimony was sufficient to establish that the couple had a child together, noting that Maltese law allows a conviction to be based on the testimony of a single credible witness.

The court also found the victim’s account to be consistent and credible, noting her version of events had remained the same when speaking to police officers, medical professionals and risk assessors involved in the case.

Medical certificates issued by doctors confirmed injuries such as swelling to the lips, abrasions and bruising, which the court said were consistent with the victim’s account of being punched and assaulted.

However, the Court of Appeal overturned the conviction relating to the second allegation of bodily harm on 4 October 2023.

Although the court believed the victim’s testimony about the incident, it held the injuries recorded in the medical certificate could not be conclusively linked to that particular event, especially given evidence that the victim had been assaulted on other occasions in the days preceding it.

The court ruled that the prosecution had not proven that specific charge beyond reasonable doubt.

As a result, the court reduced Bugeja’s sentence from 36 months to 30 months’ effective imprisonment, however confirmed the remaining findings of guilt, including causing slight bodily harm on 26 September 2023 and two counts of assault intended to harass or injure the victim.

The partial forfeiture of the €5,000 bail guarantee and the three-year restraining order in favour of the victim and her family were also upheld.

The court further ordered that the names of the victim and the minors involved remain banned from publication.

Madam Justice Natasha Galea Sciberras presided over the appeal.

Inspector Audrey Micallef prosecuted.