The Court of Appeal has converted the suspended sentences of two convicted men in two separate cases to an effective jail term after the court ruled that they could not be given a suspended jail term because they are relapsers.
In the first case, Andrew Formosa was found guilty of stealing several items from a Mazda 121 parked in Tigne Street in Sliema on 9 November last year. Formosa was also found guilty of stealing from a Fiat Uno some time later and of damaging the two cars. He was further found guilty of relapsing.
The Court of Magistrates jailed Formosa for two years suspended for another two years but the Attorney General appealed the judgement on the grounds that someone found guilty of relapsing cannot be given a suspended sentence.
Mr Justice Joseph Galea Debono, presiding over the Court of Criminal Appeal, upheld the Attorney General’s claim and converted the two-year suspended jail term to an effective prison term.
Police Inspector Daniel Zammit prosecuted.
In the second case, Kevin Azzopardi was found guilty of stealing six CAT watches from a shop in Merchants Street, Valletta, on 12 May 2000. He was also found guilty of damaging the shop and being in possession of a penknife during the commission of a crime. Moreover, he was found guilty of relapsing.
Mr Justice Galea Debono converted the 18 months’ imprisonment suspended for two years to an 18-month effective jail term since he was a relapser.
Police Inspector Carmelo Magri prosecuted.