An incorrect or an unclear date of a criminal judgement will annul the judgement itself. This was held in the Police vs Eyob Melake Ecobagaber,…
Malcolm MifsudFebruary 1, 2024
The Court held that the Criminal Court has a discretion to award a punishment in cases of wilful homicide in terms of Article 492(2) of…
Malcolm MifsudAugust 6, 2023
The right to a fair hearing, as guaranteed by Article 39 of the Maltese Constitution and Article 6 of the European Convention on Human Rights,…
Jodie DarmaninJuly 16, 2023
There is no need of other circumstantial evidence, if fingerprints are found, in order to convict a suspect of theft. This was held by the…
Malcolm MifsudJuly 14, 2023
A judgement is null if it is not clear whether the court has found a person guilty or not of a crime.
Malcolm MifsudJune 25, 2023
The Attorney General must indicate under which articles of law the accused is accused, and the Court must consider the Article mentioned in the Attorney…
Malcolm MifsudFebruary 12, 2023
When the accused admits to charges, the Court of Criminal Appeal may change the punishment only if it finds an error when the sentence is…
Malcolm MifsudNovember 2, 2022
Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took…
Malcolm MifsudOctober 9, 2022
The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to…
Malcolm MifsudSeptember 25, 2022
