Criminal Law Court has final say on whether bodily harm was grievous or not, regardless of doctors’ medical opinion The Court held that according to the evidence the accused was proven to have punched the defendant once, as a result of which his eye…Malcolm MifsudSeptember 16, 2019
Criminal Law An obvious falsification of a document is not a crime The Court applied a legal principle where the use of a document which is obviously false, is not a crime, finding the two accused not…Malcolm MifsudAugust 30, 2019
Criminal Law Fingerprints may be deemed sufficient evidence to prove the commission of a crime With regards to the intentional element of the crime of theft the Court held that the argument of the accused did not hold water since…Mifsud & Mifsud AdvocatesAugust 23, 2019
Administrative LawCriminal Law Court takes into consideration feast traditions The Magistrates Court took into consideration the long-standing tradition that takes place in feasts and the public safety in considering criminal charges.Malcolm MifsudJuly 20, 2019
Criminal Law Property not forfeited in favour of government when not of criminal origin The court held that the fact that the couple were granted a banking facility in order to acquire the property meant that the spouses had…Malcolm MifsudMay 17, 2019
Criminal Law Not refunding payment may constitute a crime A supplier who failed to refund an order which was cancelled on the hope that his claim would be set off, was in fact committing…Malcolm MifsudMay 4, 2019
Criminal Law Slanderous words written on social media no longer constitute a criminal offence Due to legal amendments that came into force in May 2018, words declared or published on social media with the aim of slandering a person…Malcolm MifsudApril 19, 2019
Criminal Law Unconvincing evidence is not tantamount to fraud Mr Justice Chetcuti said that evidence produced by one party, which does not convince the Court, does not mean that that evidence is falseMalcolm MifsudMarch 15, 2019
Criminal LawProcedural Law Appeals Court annuls judgement after Court fails to list articles of law In the case of Police vs Keith Pace, the Court of Criminal Appeal declared that a judgement is null and void since the First Court…Malcolm MifsudFebruary 1, 2019
Criminal Law Medical evidence crucial in HIV contamination case An alleged HIV infection took place in 2012, but the only test carried out by the Court’s expert was in 2016 so there was no…Malcolm MifsudOctober 12, 2018