Man handed suspended prison sentence on appeal for aggravated drug possession
The case dates back to 2010 when the police found cocaine, heroin, and cannabis resin at the home of the accused
A man, who was handed an effective jail term for aggravated possession of cocaine and heroin, was given a suspended sentence on appeal.
Rodrick Muscat was arraigned in 2010 after the police were tipped off that he had drugs. An arrest warrant was issued, and his house was searched, where the police found 3.45g of cocaine, 5.23g of heroin and 0.71g of cannabis resin.
The man was subsequently charged with possessing cocaine and heroin in circumstances which denoted it was not for personal use and being in possession of cannabis.
The Court of Magistrates had acquitted him of the cannabis-related charge and found him guilty of the rest, sentencing him to nine months in prison and fining him €900.
He was also ordered to pay court-related expenses.
Muscat then filed an appeal where he raised several grievances. The Court of Criminal Appeal upheld the appellant’s request, and the court was transformed into a Drug Court.
The grievances raised in the appeal application were all rejected but the one relating to punishment in which the man argued that it was “excessive”.
The Court of Criminal Appeal took note of the report prepared by the Drug Court, in which it was satisfied with the man’s rehabilitation and the case was closed successfully.
The court held that the offences of which he had been found guilty primarily stem from his dependence on drugs.
It held that in this case, a suspended sentence was more suitable. The man was handed a nine-month jail term suspended for a year.
Madam Justice Edwina Grima presided over the Court of Criminal Appeal. Lawyers Franco Debono and Marion Camilleri assisted the accused.