Drug conviction prison sentence replaced with probation on appeal

A man convicted of possessing cocaine in circumstances indicating it was not for his exclusive use has successfully appealed his prison sentence.

The Court of Criminal Appeal replaced his 16-month jail term with a three-year probation order.

The man had been found guilty by the Court of Magistrates in October 2025 and sentenced to 16 months’ imprisonment, a €1,200 fine and court-related expenses. The conviction stemmed from an incident dating back to April 2018, when police found him in possession of 3.225g of cocaine divided into 11 separate packets.

While the appeal did not challenge the guilty verdict, the accused argued that the punishment imposed by the lower court was excessive and that he qualified for the application of legal provisions allowing probation instead of imprisonment.

During the appeal proceedings, the court heard testimony from the probation officer, who said that the accused had consistently attended appointments, cooperated fully with supervision requirements and remained free from illicit drug use. Drug tests carried out during the supervision period all returned negative results.

The court also heard evidence from psychiatrist Anthony Dimech, who confirmed that the accused suffers from bipolar disorder and psychosis and has been receiving ongoing treatment since 2021.

The psychiatrist testified that the appellant’s condition had stabilised considerably and warned that imprisonment could negatively affect his mental health.

Evidence presented before the court showed that the accused had secured full-time employment, maintained regular treatment and benefited from strong family support.

The Court of Criminal Appeal noted he had cooperated extensively with police investigations and had assisted authorities by identifying the individual who supplied him with the drugs. It also observed that the quantity of cocaine involved was relatively small, despite its high purity level.

In its judgment, the court concluded that the legal requirements for probation had been satisfied, particularly in light of the appellant’s rehabilitation, improved lifestyle and positive conduct since the original conviction.

While confirming the conviction, the court revoked the prison sentence and instead placed him under a probation order for three years. As part of the order, he must continue receiving psychiatric treatment and comply with all conditions imposed by probation authorities.

The fine of €1,200 and court expenses remained unchanged.

The man was being represented by lawyers Jacob Magri and Arthur Azzopardi.