A jury has found 68-year-old Emanuel Borg guilty of attempting to murder his wife during a hammer attack at their Mellieħa home, with the court sentencing him to three years in prison.
Following their deliberations, the jurors convicted Borg of attempted murder.
At the same time, they accepted that the offence had been committed under the excusable circumstance of sudden passion and mental agitation, as well as voluntary desistance, circumstances that may be taken into account under the law when determining criminal liability and sentence.
Deliberations began on Monday after both the prosecution and defence concluded their cases and the presiding judge delivered directions to the jury.
The jury acquitted Borg of the separate charge of causing grievous bodily harm.
After the verdict, the court sentenced Borg to three years' imprisonment. The judgment was delivered after considering various provisions of the Criminal Code, including those relating to attempted homicide, the excusable circumstance of sudden passion and mental agitation under Article 227, and voluntary desistance.
The court also ordered Borg to pay €9,178 in expert fees incurred during the proceedings.
In its judgment, the court declined to rule on the prosecution's request concerning compensation and other ancillary orders because the victim died of causes unrelated to the offence while the criminal proceedings were still pending.
The case dates back to November 2019, when Borg was accused of attacking his wife with a hammer after an argument over money. Prosecutors alleged he repeatedly struck her while she slept, causing severe head and facial injuries.
Throughout the trial, the jury heard testimony from medical experts, police officers and other witnesses. The prosecution argued that Borg deliberately armed himself with a hammer before launching the attack and later admitted responsibility to police officers at the scene.
Borg denied intentionally trying to kill his wife. Testifying in his own defence, he claimed the injuries occurred during a struggle over the hammer after an argument, insisting that his wife had grabbed the weapon and that "she pulled the hammer and hit herself." He maintained that both were holding the hammer at the time and said he immediately called an ambulance when he realised she was bleeding.
After hearing all the evidence, the jury returned a majority verdict finding Borg guilty of attempted murder, while accepting the partial excuse of sudden passion and mental agitation together with voluntary desistance, before the court imposed a three-year prison sentence.
Lawyers Kevin Valletta and Justine Brincat from the Attorney General's office are prosecuting. Lawyers Arthur Azzopardi and Lennox Vella are representing the accused. Judge Consuelo Scerri Herrera presided over the trial.