Appeals court increases sentence for man found guilty of groping

An appeals court increased a man’s sentence for groping another man to four years and three months in jail.  

Raymond Micallef will also serve an additional two years for breaking the conditions imposed in his suspended sentence after he was found guilty of possessing child sexual abuse material. 

Micallef was accused of performing non-consensual sexual acts with another individual, a charge that was further aggravated by the fact that he had been found guilty of similar offences in the past.  

He was also accused of offending public morals and requesting sexual favours. 

Earlier this year, a court found Micallef guilty of the sexual offences and jailed him for three years and fined him €500.  

The court ordered that his name be added to the sex offender registry. 

Both Micallef and the Attorney General had appealed that judgment, but on Wednesday, the criminal appeals court confirmed Raymond Micallef’s guilt.  

Micallef appealed the judgment on several grounds and claimed that the Court of Magistrates emphasised the fact that he exercised his right to silence during his interrogation and a wrong appreciation of the evidence, among others. 

In its appeal, the Attorney General requested that the Court confirm the guilty verdict but vary the punishment. 

The incident dates back to December 14, 2023, when the victim was walking along Triq in-Nutar Zarb in Attard when a red car driven by the accused stopped. Micallef offered him a lift home, which the victim accepted and got into the car.  

The victim said that when he was tying his seatbelt, Micallef grabbed the seatbelt with one hand and touched the victim’s genitals with the other.  

The victim immediately got out of the car and reported the matter to the police, providing them with a photo of the car and a description of the suspect. 

The Court of Criminal Appeal rejected Micallef’s grievance that the Court of Magistrates inferred from his replies to the police, nothing that the magistrate’s conclusions were based on the testimonies heard in court. The court found the victim’s testimony credible and consistent. 

The Court observed that Micallef testified in the proceedings denying any wrongdoing but the court held that his testimony was not plausible.

While Micallef claimed that he sought to help the victim and denied any wrongdoing because they were on a busy road, the court observed that the accused had time to stop his vehicle and converse with the victim before offering a lift, and therefore, there was no urgency that would justify such behaviour. 

While Micallef argued that the punishment imposed was excessive, the Attorney General appealed the judgement noting that non-consensual sexual acts are punishable by three to seven years, and in case of an aggravation the punishment is increased by one degree or four to eight months. 

The second offence Micallef was found guilty of was punishable by three months’ imprisonment and a fine. 

After upholding the AG’s appeal, Micallef was condemned to four years and three months for the sexual offences relating to the December 2023 incident.  

The court also brought the child sexual abuse, suspended sentence into effect, and so jailed Micallef for a total of six years and three months. He was also fined €500. 

Mr Justice Neville Camilleri presided over the Court of Criminal Appeal. 

AG lawyer Jennifer Polidano prosecuted. 

Lawyer Alessandro Farrugia assisted the accused.