The Malta Independent 20 April 2024, Saturday
View E-Paper

Hunter’s penalty confirmed on appeal, licence revoked for one year

Friday, 26 May 2017, 15:51 Last update: about 8 years ago

A hunter’s hopes of having a penalty reduced after violating laws have been dashed after a court of appeal confirmed the initial judgment that left him with a €2,500 fine and a one-year revocation of his hunter’s licence.

The incident took place back in November 2013, when Wayne Pisani, 29, was found guilty after being caught hunting at sea within 3km from shore, in the vicinity of the Grand Harbour.

Mr Pisani, who has a history of breaking hunting laws, had been convicted in relation to several hunting-related offences. Apart from being fined and revoking his license for one year, the courts also confiscated objects related to the hunting offence, such as the dinghy.

Through his lawyer, Mr Pisani filed an appeal on the basis that the first court’s decision was overly harsh, and asked the court to establish a more “equitable and just” sentence. It was argued that in similar cases, more often than not the courts would order a fine or the confiscation of objects related to the offence, instead of applying both penalties simultaneously.

It was also argued that the fine imposed, of €2,500 was nearer to the maximum, adding that a more lenient approach could have been taken.

Mr Justice Giovanni Grixti, presiding over the court of appeal, noted that it was not the norm for the court to modify the discretion of the first court. This argument held more so when considering that the first court’s judgment fell within the parameters of the law.

Mr Justice Grixti held that Mr Pisani’s long history of hunting offences was a clear indication that he did not hold respect for hunting regulations and that it provided no encouragement that the man would bring himself in line with the law.

 

  • don't miss