A man convicted of helping carry out an aggravated burglary in Qormi has avoided an immediate prison term after the Court of Criminal Appeal ruled that his criminal conduct was primarily driven by drug dependency.

The Court, presided over by Judge Edwina Grima, partly upheld the appeal of the man who had been sentenced in October 2023 to three years in prison after being found guilty of complicity in an aggravated theft, committing an offence while under a suspended sentence, and recidivism.

The case concerned a burglary at a residence in Triq il-Vitorja, Qormi, on 7 March 2021, when the owners were away. About €100 in cash was stolen and the property's door and lock were damaged.

Although the accused was not among those who physically broke into the house, the court confirmed that he knowingly assisted the burglars by driving them to and from the scene. CCTV footage showed a red Skoda registered in his name arriving and leaving the area before and after the burglary.

The defence had claimed he was unaware of the planned crime, but the court rejected this, pointing to inconsistencies between his police statement and court testimony, as well as his admitted association with one of the main perpetrators, whom he knew from prison. The court ruled that he had acted as part of a common plan and facilitated the offence.

However, the court took a different approach on sentencing. During the appeal, the man asked to be placed under the Drug Court regime, a request not opposed by the Attorney General. Experts confirmed his long-standing drug addiction and his successful completion of a rehabilitation programme.

A report from the Rehabilitation Board for Persons with Drug Dependency said his case had been closed successfully, noting his full compliance and positive progress. The court found that the offences were mainly the result of his drug dependency and applied the law allowing mandatory imprisonment to be suspended in such cases.

The original three-year prison sentence was revoked and replaced with a two-year term suspended for four years, along with a four-year supervision order. He was also ordered to pay €879.57 in expert fees. The court warned that any breach of the conditions or reoffending would have serious consequences and said the conviction could be removed from his conduct certificate after the required period, subject to the law.

He was represented by lawyers Franco Debono, Marion Camlleri and Adreana Zammit.