Lifestyle change spares youth from jail

Appeals’ Court overturns imprisonment term as prosecution hears how converted theft and drug user turned his life around

The Court of Criminal Appeal this morning overturned an 18-month jail term into a two-year suspended jail term after a probation officer confirmed that the accused, changed his lifestyle.

Having been found guilty of a string of thefts between 2008 and 2009, Curtis Bakoush, 24, of Valletta was sentenced to jail in September 2012.

He was convicted of stealing diving equipment from a car in Valletta and of stealing from cigarette vending machines at Café de Baron in Valletta. The accused was also found guilty of breaching the terms of a suspended sentence and damaging private property.

However, the Court, presided by Mr Justice Michael Mallia, upheld the accused's appeal and overturned the judgment to give the 24-year-old a window of opportunity to stay out of prison and turn his life around.

Defence lawyers Franco Debono and Marion Camilleri argued the first court had ignored the lifestyle changes the accused had gone through during the proceedings.

The Social Inquiry report exhibited in court read how Bakoush went through a hard upbringing and was a heavy drug user for years. 

However the accused has since kicked the habit, entered into a serious stable relationship and found employment. Over the past four years, regular urine sample tests always resulted in the negative.

In handing down the judgment, Justice Mallia mentioned the conclusion of the probation officer who confirmed the accused was leading a stably lifestly clean of drugs and those of a medical specialist who held that prison time will definitely not target the accused's difficulties.

The judge upheld the appeal and revoked the 18-month jail term and handed Bakoush a two year suspended jail term. He augured Bakoush to sustain his change of lifestyle and decreed that the court will give him a final window of opportunity to stay out of prison. 

Inspectors Keith Arnaud and Pierre Micallef Grimaud prosecuted.

Lawyers Franco Debono and Marion Camilleri appeared for the accused.

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Adrian Busuttil
This is a positive step forward. The defendant has clearly displayed his intention to reform; no mean feat when a harsh upbringing and drug addiction are taken into consideration. People like Mr. Bakoush should be given the opportunity to train, advise and encourage persons at risk of offending as well as convicted persons who may gain from his experiences and strength. A very happy Christmas to him and his family.