Court annuls prison sentence against cat killer over technicality

A two-year prison term imposed on a man who admitted to killing cats in Sliema was annulled by the Court of Criminal Appeal on Tuesday because of a technicality.

The case has been sent back to the Magistrates' Court for re-sentencing.

Okamura Satoshi was sentenced in October to two years in jail and banned from owning animals for 40 years after he admitted killing animals and causing them to suffer unnecessary pain. He also admitted slightly injuring two police officers.

Satoshi appealed, arguing that the Court of Magistrates erred in failing to adequately consider or make provision for professional psychological intervention. He argued the punishment was excessive and disproportionate.

The Court of Criminal Appeal, before considering the grievances raised by the appellant, noted that the Criminal Code lays down that when a court is delivering judgement, it shall state the facts of which the accused would have been found guilty, award punishment and quote the article of the law creating the offence.

In this case, the appeals court noted that when Satoshi was found guilty of all the charges brought against him, the provision creating the offence of causing slight bodily harm (to the two constables) was not quoted in the judgement by the Magistrates' Court.  The court had quoted an article which states that bodily harm may be either grievous or slight, and another article which described slight bodily harm.

Quoting previous cases, the Court of Criminal Appeal moved to annul the judgement since the Magistrates' Court failed to make a specific reference to the article which created the offence in terms of which the accused was found guilty.

A judgement will need to be delivered afresh according to law.

Mr Justice Neville Camilleri presided over the Court of Criminal Appeal. Lawyers Marion Camilleri and Adreana Zammit appeared for Satoshi.