A man with an unruly past has had a seven-year effective jail term reduced to probation after showing a court that he had taken concrete steps to break away from bad company and old habits.

Matthew Portelli, 35, had landed the conviction in 2019 as an accomplice in a series of cash thefts from 10 service stations over a three-month period back in 2011.

The gang had also targeted a tools store and two vehicles, one of which, a Ford Transit, had been set on fire at Wied Qirda, Qormi, after being used in one of the petrol station raids.

When handing out punishment two years ago, the Magistrates’ Court took note of the accused’s admission, quite late in the proceedings, as well as the man’s criminal record and the fact that his accomplice had been jailed for 7 years after likewise registering an admission to the same charges.

Portelli filed an appeal, arguing that the punishment was excessive and claiming that he was striving to get his life back on track, having attained stability in both family life and work.

The Court of Criminal Appeal, presided over by Madam Justice Edwina Grima, afforded the appellant an opportunity to prove this and heard the testimony of a probation officer, tasked with drawing up a social enquiry report.

The officer advised against effective imprisonment, explaining that it would be detrimental to “the stability [the appellant] was trying to maintain in his life and family.”

A psychologist also reported back to the court, explaining how, in spite of good upbringing, the appellant had drifted along with bad company, venturing into the world of crime in his early teens.

Yet since 2013, the man, now a father of a 5-year old child, had taken more concrete steps to break away from old friends and habits, building a stable family unit and earning the trust of his employer, who also testified in the case.

He had even moved house to steer clear of negative influences, the court was told.

Although the appellant had momentarily relapsed into criminal behaviour in 2018, after getting back in touch with bad company, there was now evidence that he had broken off all such contact.

On the basis of such testimonies, the court observed that it could not ignore those professionals who advised against effective imprisonment, arguing that it would undo all the progress registered by the appellant over the years.

The court thus upheld his appeal, reducing the punishment to a 3-year probation period as a “final chance to distance himself completely from his life of crime” whilst confirming forfeiture of the €5,000 bail bond and payment of €1662.70 by way of court expert expenses.

Lawyers Veronique Dalli and Dean Hili were counsel to the appellant.