Criminal Law Court must be precise on whether it is finding the accused guilty or not 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
Criminal Law Special circumstances may help to change punishments 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
Criminal Law Court must be morally convinced charges admitted to actually exist The Court when faced with a guilty plea must be still convinced that the charge actually exists. This was held by the Court of Criminal…Malcolm MifsudJuly 10, 2022
Criminal Law Can the rearing of pigeons amount to harassment? The offence of harassment requires the principle of this offence to behave in such a way with the intention of causing the harassment. The harassment…Malcolm MifsudAugust 15, 2021
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
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 Court accepts and explains defence of provocation The Court of Criminal Appeal overturned a conviction of a mother, since the CCTV footage of an incident with her sons, are not compatible with…Malcolm MifsudMay 29, 2020
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