Court overturns uninsured driving conviction after case is time-barred
Court of Criminal Appeal 'disappointed' at AG for 'genuine mistake'
A man was cleared of driving without insurance cover after a court ruled that the charge brought against him was time-barred long before he was even summoned.
Dailin Dennetti was arraigned in the Court of Magistrates and accused of stealing a vehicle, driving without a licence and insurance cover. He was further accused of being in possession of cannabis in circumstances which denoted that it was not for personal use. He was also charged with breaching a probation order.
The Court of Magistrates found him guilty only of driving without insurance on April 29, 2025. He was fined €2,400 and disqualified from holding a driving licence for one year. He was also ordered to pay €390.68 in court expenses.
Dennetti appealed the judgment, requesting the court to annul and revoke the part where he had been found guilty, and acquit him of all charges.
He argued that the charge on which he had been found guilty was time-barred, among other grievances brought forward in his appeal.
The court noted that under the Motor Vehicles Insurance (Third Party Risks) Ordinance, proceedings over lack of insurance cover can be filed within six months of the alleged offence, or within three months of the prosecution learning about it – but never later than a year from when the offence took place, whichever period is longer.
The man had been stopped by the police on September 10, 2016. The police issued the charges against Dennetti on September 26, 2017.
The court observed that the charges were already time-barred before the man was even served with the summons.
“It is very clear that the six-month period stated in the law had elapsed,” the court said.
The Court of Criminal Appeal expressed “disappointment” at the Attorney General for failing to acknowledge what it called a “genuine mistake” in the original judgment, instead leaving the matter up to the court.
While confirming the earlier acquittals, the court went a step further, ruling that Dennetti’s charge of driving without insurance was time-barred. It revoked the fine, court expenses, and licence disqualification that had been imposed.
Madam Justice Consuelo Scerri Herrera presided over the Court of Criminal Appeal.
Lawyers Franco Debono and Adreana Zammit assisted Dennetti.