Man who injured brother with steak knife conditionally discharged

A 32-year-old man from San Gwann, accused of grievously injuring his brother with a steak knife during an altercation, has been conditionally discharged after a court heard how his brother had forgiven him and that they had reconciled.

The accused, Johnathan Sciberras, who chose to testify in the proceedings, had told the court how on the 21st of September this year, a minor argument with his brother Jean Paul resulted in the two spitting at each other. The confrontation escalated further and “they both lost their heads” said the accused. He expressed remorse at what happened.

The court heard how the two live together in a small apartment and because the argument took place in the kitchen, the accused had “raised the knife to scare him away” . His brother attempted to wrestle the knife out of the accused’s hands, suffering injuries to both hands. He told the court that he had forgiven his brother.

Jean Paul Sciberras suffered serious injuries to both his hands, requiring surgery and physiotherapy.

The defence argued that this was a classic case of excess in legitimate self defence. The court, however, dismissed this argument, quoting several judgments that established that this defence is only admissible if the accused did not make the first violent act.

Magistrate Josette Demicoli found him guilty of causing grievous injury to his left hand, slight injury to his right hand with a sharp and pointed instrument, but taking into account the circumstances and the forgiveness by the injured party conditionally discharged the accused for 18 months.