The Malta Independent 26 April 2024, Friday
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PN MP Antoine Borg suggests possible law change on suspended sentencing

Tuesday, 21 February 2017, 21:23 Last update: about 8 years ago

PN MP Antoine Borg today suggested that Parliament should consider changing the law and allow suspended sentences to be handed out in cases where the accused faces five years imprisonment, thereby leaving it up to the court's discretion

He brought up the issue following the case of Dorianne Camilleri. Friends and family of Dorianne Camilleri, a 34-year-old teacher who was sentenced to five-years imprisonment after having involuntarily killed an elderly man and injured his sister in a traffic accident back in 2011, recently launched a petition calling for changes in the law which would allow for fairer sentences to be imposed.

The incident, the PN MP said, occurred when the woman was 27 years old at the time of the incident, and resulted in the death of an elderly person and serious injury to his sister. "The case is sub-judice due to the appeal, and I need to be careful so as not to be interpreted as influencing the judicial process, even though I do not believe it will be just by me giving a speech."

Forget, for a moment, whether there is a disproportion in the judgement, and forget the accused's background and legal ramifications.

He said that in seven years,a person's life changes. "In seven years, I married, and had two children, built a profession and entered politics. You hear of situations where a person is found guilty of a crime committed years ago, and by that time had changed their lived, built a family, etc."

"Here we have a clear case of how cruel delays can be. Seven years of psychological arrest for the person concerned, and her family."

He stressed that he did not want to belittle the tragic loss of life.

He said that in involuntary manslaughter cases, those found guilty can be sentenced to four years imprisonment, and the court has the discretion to suspend this sentence." Yet in the case of involuntary manslaughter where a person is also inured, the guilty party is sentenced to five years imprisonment, and as this is above a four-year prison term and cannot be suspended."

He suggests the possibility reconsidering that suspended sentences can only be handed out for prison terms of four years or less, and allow the courts discretion on cases involving five-year prison terms where such a minimum is imposed.

He said that "we must remember, for every criminal there is a victim, and behind every criminal and victim, there is a family."

"But lets keep in mind, that as there are criminals and victims, there are also unfortunate persons, innocents who themselves are victims of circumstance."


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