Criminal Law If the accused understands the charges, then guilty plea stands If the accused understands the charges he is admitting to, then that guilty plea is valid at law and cannot be overturned. This was held…Malcolm MifsudJuly 25, 2021
Criminal Law Police must not rest on a report but investigate before issuing charges 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
Criminal Law Pretended rights charges borders on the civil law rights 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
Constitutional LawCriminal Law Reasonable time in criminal proceedings, is without delay 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
Criminal LawFamily Law Maintenance must be paid until it is decided otherwise An order to pay maintenance must be followed even if there is a change of circumstance and the non-payment will remain a criminal offenceMalcolm MifsudFebruary 21, 2021
Criminal Law Usury may occur upon the promise of higher interest rates 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
Criminal Law Defence of insanity upheld 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
Criminal Law No legal definitions of negligent driving and dangerous driving 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
Criminal Law Suspended sentence cannot be awarded in certain circumstances 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
Criminal Law The three principles of criminal punishment explained When awarding a punishment in criminal cases, the courts have to keep in mind that there are three principles. This was held on 20 May…Malcolm MifsudJune 8, 2020