A self-confessed thief was spared jail after the court saw a “window of opportunity” through a probation officer's report stating that the man had marked “giant steps” in overcoming his drug problem.

Keith Felice, a 32-year-old Tarxien resident, was facing the prospect of a five-year jail term over two muggings carried out within the space of a few hours in August last year.

Armed with a stun gun, he first held up a woman in his hometown, making off with some €60 and a packet of cigarettes.

Later that afternoon, he stole an iPhone from another woman in Marsascala. 

When facing prosecution, the man registered an admission to the aggravated thefts, holding his victims against their will, possessing a weapon while committing a crime against the person as well as relapsing.

Upon that admission, he was given a five-year effective jail term. 

However, that sentence was quashed on appeal after the court, presided over by Madam Justice Consuelo Scerri Herrera, upheld an argument put forward by the lawyers assisting Felice at appeal stage. 

The Court of Criminal Appeal observed a defect in the judgment which failed to state the legal provision in terms of which the accused was found guilty.

Such failure to include that substantial formality effectively brought about the nullity of the judgment, though the proceedings prior to judgment stage remained untouched.

So the court ordered that the case be sent back to the Magistrates’ Court and the accused placed in the position he had been in prior to judgment. 

The magistrate formerly presiding over the case abstained from pronouncing judgment and the case was then assigned to Magistrate Victor George Axiak who ordered a pre-sentencing report.

A probation officer duly reported that Felice had made “giant steps” in drug rehabilitation, had since taken up a full-time job, was diligent, and was supported by family and other relatives. 

In light of such information, the court observed that it would be a shortcoming on its part not to adopt the probation officer’s recommendation. 

Consequently, it revoked the five-year jail term and instead imposed a three-year probation order and ordered the accused to carry out 100 hours of community service. 

Lawyers Franco Debono, Marion Camilleri and Francesca Zarb took up the case at appeal stage. 

Inspectors Mario Xiberras and Joanna Piscopo prosecuted.