Collaboration with investigators earns woman reduction in jail time

A Court of Appeal reduced a jail term of a year to nine months after the prosecution informed the court that in delivering judgement the first court had not applied a reduction in punishment for collaborating with the investigators.

In November last year, a young woman admitted to being in illegal possession of Methadone in circumstances denoting it was not for her personal use, trafficking of heroin and attempting to smuggle controlled objects into the prison building. The Court of Magistrates handed the woman a year’s jail term and fined her €2000. Considering the accused’s early plea and collaboration with the investigators, the defence appealed punishment arguing it was too severe.

The Court of Appeal reviewed the previous judgement and noted that the first court had taken into consideration that the accused filed an early plea and cooperated with the police. In delivering judgement, the Magistrate also noted the pre-sentencing report which highlighted that blinded by love, the accused allowed a former partner to manipulate her for his own needs.

However, over time, the woman managed to break away from her former lover, sought to address her drug problems, managed to keep a stable job and returned to live with her family.

While violating Article 101 of the Laws of Malta (Drugs Ordinance) results in compulsory imprisonment, the prosecution explained that the accused could benefit from a reduction in punishment because of her extensive collaboration with the police. While the name of the accused was banned from publication to protect her identity, the reduction in punishment was not applied by the first court.

Mr Justice David Scicluna revoked the previous punishment imprisoning the woman for a year and reduced her jail time to nine months. Further more the Court ordered that the Director of Prisons is to ensure that the convicted keeps attending her drug rehabilitation programme.