Judge reduces jail sentence

A man who took part in a hold-up with two others had his jail term reduced on appeal as it could not be proven that he was the one who actually carried the firearm and held the victim at gunpoint.

Keith Cremona, 19, had used his grandfather's car in the hold-up at a lotto booth on November 21, 2007 in Annunciation Street, Sliema.

The thieves had been traced after a witness noted the car's number plate.

Mr Cremona had been found guilty and jailed for 26 months by the Magistrates' Court last October 28. Defence lawyer Roberto Montalto filed an appeal based on three main arguments: firstly that the court had incorrectly applied the law, secondly, the court could not have reasonably found him guilty and, finally, that the qualification by law of violence, which was added to the charge of theft, could not be proved.

On the last point, Dr Montalto said only one of the three men involved had held the lotto receiver at gunpoint but none of the three had actually been identified as having been the one.

Witnesses had said one man stood outside the lotto booth, another was in the getaway car and one had walked into the lotto booth holding the firearm.

Since the car used in the hold-up belonged to Mr Cremona's grandfather, the probability was that he was the driver and not the person who held the victim at gunpoint and his client could not be found guilty of using violence, the lawyer argued.

Mr Justice Joseph Galea Debono threw out the first two arguments and upheld the third. He therefore reduced Mr Cremona's jail term by five months.