A youth was spared an effective 16-month jail term for twice breaching a probation order by a court of appeal which, after noting his progress in overcoming his drug problem, granted him “a last chance” to continue along the right path. 

The case dated back to May 2016 when Shamison Stafrace, now 26, was charged with stealing a BlackBerry phone and cash from an aircraft at Malta International Airport.

The accused had subsequently admitted to the charges and was placed under an 18-month term of probation. 

But he landed in fresh trouble when his probation officer reported to court that Stafrace was not keeping regular contact so he could not be adequately supervised.

Professionals at Sedqa and Embark for Life programme had tailored a care plan to help the youth kick his drug habit and find a stable job.

The Magistrates’ Court fined Stafrace €100 and extended his probation order to a maximum legal term of three years. 

Two years later, history repeated itself. 

Once again, Stafrace’s probation officer reported to the Magistrates’ Court that the youth was not sticking to his care plan and not keeping in touch with his social worker at Appoġġ.

That second report resulted in a 16-month jail term for the accused who subsequently filed an appeal. 

His case was assigned to Mr Justice Neville Camilleri earlier this year. 

During the proceedings, Stafrace’s current employer testified that the youth had integrated well with the rest of his employees and was honest enough to tell him about his problems. 

The probation officer also told the court how the accused had marked a “turning point” when he joined a residential drug rehabilitation programme. 

He made “a remarkable effort” to keep up the good work while under preventive arrest in jail. 

His lawyers also requested a social inquiry report prior to sentencing. 

When delivering judgment, the court took note of the particular circumstances of the case and granted the accused a “last chance” to continue along the right path. 

This was a “golden opportunity” for the accused to avoid being sent to jail but he had to do everything possible to avoid that, warned the judge. 

Consequently, the court upheld the appeal, confirming the conviction and varying punishment by suspending the 16-month jail term for a period of three years.

The court also issued a Supervision Order effective for 16 months, advising the youth to follow instructions so as to steer away from bad habits. 

“The appellant must bear in mind that he has now been granted enough chances and therefore must make sure to continue to achieve further progress,” was the court’s final warning. 

Lawyers Franco Debono and Francesca Zarb assisted the accused. 

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