Court turns prison term into fine in an effort to help accused reform

A Court of Appeal changed a three-month prison term into a €450 fine, with the hope that staying out of prison would help the accused change her ways.

Elaine Muscat, 29, of Valletta, was convicted of being in possession of cocaine drug and relapsing. The Court of Magistrates handed Muscat a three-month jail term, which was deemed too severe and was appealed.

The convicted argued that although she was a relapser and had previous convictions listed in her police record, she had admitted to the charge early in the proceedings and cooperated with the police. The prosecution officers had indeed advised the court that in view of her cooperation, Muscat should benefit from Article 29. "If Muscat did not speak to the investigators, the police would have had no evidence", police inspector Victor Aquilina told the court.

Mr Justice Lawrence Quintano commented that in Muscat's case, a fine would go further in helping the accused to change her ways than any term of imprisonment.

The Court of Appeal upheld the conviction of Elaine Muscat but turned the three-month jail term into a €450 fine, payable at €50 every four weeks. If the fine is not paid within the established time, the outstanding balance will be converted into jail time.