The defence of impossibility in criminal proceedings does not eliminate criminal responsibility. This was held in a Court of Criminal Appeal judgment presided by Mr…
Malcolm MifsudAugust 1, 2021
The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the…
Malcolm MifsudMay 30, 2021
Although the charge of pretended rights is a crime, it is not far off from rights that emerge from civil law. This was held in…
Malcolm MifsudMay 23, 2021
There is a distinction between civil and criminal proceedings when analysing whether the case took a reasonable time because, in criminal proceedings there may be…
Malcolm MifsudApril 18, 2021
An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offence
Malcolm MifsudFebruary 21, 2021
The crime of usury take place even before the transaction, but upon the agreement that the repayment or reward would be higher than 8%
Malcolm MifsudJanuary 10, 2021
The Court must examine whether at the time of the commission of the crime, the accused could have resisted from carrying out the offence.
Malcolm MifsudDecember 13, 2020
Although there is no legal definition of what negligent driving and dangerous driving is, the Court must see the degree of recklessness one uses when…
Malcolm MifsudAugust 7, 2020
The Court of Criminal Appeal switched the punishment of a person who was first awarded a suspended sentence, since this was not permitted at law.…
Malcolm MifsudJune 13, 2020
