The court of criminal appeal yesterday revoked a six-month jail term and €1,160 fine into a probation order for three years and 100-hour community service.
John Gerada was originally handed down the jail term and fine for being found guilty of cannabis possession on 2 April, 2005. However, his legal representatives appealed on the grounds that the jail term was too harsh a sentence. He had told the court that he had been using cannabis in substantial amounts and never intended to sell the drug found in his residence. Probation Officer Victoria Grech had testified that Gerada was an exemplary client. He had made significant progress to overcome the habit and had sought all possible professional assistance in the matter. In fact several urine tests showed that he managed to get clean. The court of appeal decided that while the first court had insisted on deterring the accused, it did not give the necessary importance to the reformative aspect and revoked the original sentence.
Gerada was assisted by Dr Franco Debono and Dr Charmaine Cherrett.