House burglar gets second chance

A burglar has been placed on probation and ordered to undergo psychiatric treatment after being convicted of stealing over €2,300 worth of jewellery from a residence in Qormi on 17 July 2006.

James Vella, 36, had faced the prospect of considerable prison time after he was charged with theft aggravated by means, value and place, as well as with recidivism in connection with the burglary. Despite denying the charges, Vella was unable to explain how his fingerprints had been found inside a house which he claimed to have never entered.

The court of Magistrates, with Magistrate Joe Mifsud presiding, found Vella guilty and noted that the aggravating factors were objectively confirmed by the evidence.

The court, however, placed Vella on probation for three years instead of incarcerating him, referring to a number of judgments, including Republic vs Nazzareno Micallef – decided by the court of Criminal Appeal in 2006 – and the 2009 case of the Police vs Maurice Agius, which dealt with the issue of retributive versus reformative justice and non-custodial sentences, respectively.

Noting that the accused needed help to address psychological problems, the court said it felt that an alternative to incarceration should be implemented in this case.

Vella was placed on probation for three years, and the court explained that its aim was to get the accused to realise that he should not repeat the mistakes of July 2006, as well as to condemn him for it.

In addition to probation, Vella was also bound to undergo treatment for his psychiatric condition in the same period, with the court expecting six monthly progress reports. He was also ordered to pay court expenses amounting to €1,025.