Criminal Law When a verdict is not unanimous then the Criminal Court has a discretion to choose which punishment is to be awarded 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…MMA EditorAugust 6, 2023
Criminal Law Lack of legal assistance does not render a violation of the right to a fair hearing when statements are made voluntarily outside pre-trial stage 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,…MMA EditorJuly 16, 2023
Criminal Law Fingerprints alone may be sufficient for an accused to be found guilty of theft 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…MMA EditorJuly 14, 2023
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.MMA EditorJune 25, 2023
Criminal Law Attorney General must quote correct articles of law for Court to consider crimes 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…MMA EditorFebruary 12, 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…Marthese HiliNovember 2, 2022
Constitutional LawCriminal Law Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation 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…Marthese HiliOctober 9, 2022
Criminal Law Criminal liability can only be imposed if the formal and material conditions exist concurrently 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…Marthese HiliSeptember 25, 2022
Criminal Law A suspicion is not evidence Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused. This was held in a Court of Criminal…MMA EditorAugust 7, 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…Marthese HiliJuly 10, 2022