Judge Annuls Woman’s Three-Year Sentence After Guilty Plea Procedure Wasn’t Recorded
A woman who admitted to misappropriating over €3,000 has had her three-year jail sentence annulled, because the court failed to record a crucial legal safeguard during her guilty plea.
Back in January 2023, Annabelle Camilleri was sentenced to three years in prison after she admitted to failing to pay MCabs Limited’s James Marshall for a rented Peugeot 207. Her unpaid bill totalled €3,617, including €210 in fines and €480 in damages as reported by Times of Malta.
Camilleri had originally pleaded not guilty, but later changed her plea during the compilation of evidence. By then, her relatives had stepped in and settled the debt with Marshall, who even forgave her.
Still, the case carried serious weight, not only did she misappropriate funds, but she also committed the offence during the operative period of a suspended sentence.
When an accused person pleads guilty, the law requires the court to explain the consequences of that plea and give the accused a chance to reconsider. In this case, Judge Aaron Bugeja found that although the magistrate had probably done this verbally, it wasn’t actually recorded in the official minutes and that technicality changed everything.
Since the appeal, filed by lawyers Franco Debono and Marion Camilleri, hinged on this missing step, Judge Bugeja annulled the original ruling and sent the case back to the first court.
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