A bouncer who beat up a Paceville reveller with a truncheon outside a nightclub has been spared six months in jail after a judge noted his good behaviour since the incident as well as a pre-sentencing report which recommended against an effective prison term. 

Aleksandar Stanojcic, 22 and from Serbia, dodged time in jail after the Court of Criminal Appeal, presided over by Mr Justice Aaron Bugeja, upheld the recommendation of a probation officer who said that the man was “of good character” and that time in jail would damage his family life. 

Stanojcic had been found guilty of seriously injuring a Paceville reveller, Yasin Ahmed El Hililali, who he assaulted and beat with a truncheon after El Hililali, who was drunk, had hit him on the shoulder with a glass and challenged him to fight. The incident took place in August 2015.

He had been jailed for six months and fined €500 after being found guilty of working as a bouncer without a licence as well as with breaching the peace. 

But the court heard a probation officer explain that the punishment meted out by the first court should not consist of an effective prison term because the accused was “of good character”, as evidenced by his criminal record sheet which was exhibited in the acts of the proceedings.  

According to the probation officer, “an effective prison sentence would leave serious impact on the appellant’s life and that of his family”.  Despite his willingness to find work, he was having difficulties to find employment because of the pending court case.

Mr Justice Bugeja ruled that the prison sentence meted out by the Court of Magistrates, is to be retained as this reflects the gravity of the case and the condemnation of his actions.  

“On the other hand, in view of a clean criminal record sheet of the accused, his strong community ties, and his disposition to work for himself and his family, society benefits more from a suspended term of imprisonment in this case,” the judge said in his appeals judgment. 

Police superintendent Trevor Micallef prosecuted while lawyers Franco Debono and Marion Camilleri were defence counsel.