Man's attempted murder case ends with a suspended sentence

A man who initially faced the prospect of 40 years in prison on attempted murder charges walked out of court with a sigh of relief on Wednesday, after a court of appeal downgraded his sentence.

Daniele Vitale, from Palermo in Italy, was initially charged with the attempted murder of his former flatmate following a 2018 incident. Prosecutors wanted Vitale jailed for 40 years.

The flatmate claimed that Vitale had attacked him unprovoked while in bed, with the two having argued over a woman. Court experts testified that there was blood in the apartment’s living room but none in the bedroom, where the attack was alleged to have started.

A jury acquitted him of the attempted murder charge but found him guilty of seriously injuring the victim while acting in excessive self-defence by six votes to three. The court then sentenced Vitale to two years in prison.

Vitale (centre) with his lawyers Marion Camilleri and Franco Debono outside court on Wednesday.

Vitale appealed that sentence, arguing that the jail term was disproportionate given that he had acted in self-defence. He was then granted bail while the appeal was decided.

On Wednesday, a court of appeal made up of three judges noted that although Vitale had “acted beyond the limits required to defend himself” – his flatmate was stabbed 16 times in the fracas – he lived a stable life, had a clean criminal record and could not be considered a menace to society.

All that, coupled with the jury’s self-defence finding, meant that he was an “ideal candidate” to serve a suspended sentence rather than time in jail.

It therefore confirmed Vitale’s conviction for injuring his flatmate but reduced his two-year prison term to a four-year suspended sentence.

The court was presided over by Chief Justice Mark Chetcuti, Judge Edwina Grima and Judge Giovanni Grixti.

Vitale was defended by lawyers Franco Debono and Marion Camilleri.