‘Excessive’ cocaine possession sentence reduced on appeal

A man’s sentence for cocaine possession has been reduced because the court of magistrates had gone “well beyond” the charges brought against him and had opted to bring into force a suspended sentence which both prosecution and defence had asked it not to, the appeals court has concluded.

36 year-old Kurt Buttigieg had been accused, in October 2009, of possession of cocaine in October 2008. He had pleaded guilty in January 2012 and the case was adjourned for sentencing. 

But when the sentencing date arrived in May 2012, the court did not sentence the man because it had emerged that the man’s criminal record indicated that the crime had been committed during the operative period of an earlier suspended sentence.

Buttigieg was convicted and fined €500 and his one-year suspended sentence was also rendered active.

But the Court of Appeal, presided over by Mr Justice Antonio Mizzi, observed that the first court had completely ignored the submissions by both parties to extend the suspended sentence, choosing instead to render it effective.

“The accused was called to answer for the offence of simple possession of cocaine, not for all the errors committed throughout his life,” the court remarked.

Ruling the punishment to be excessive in comparison to the offence he was charged with, the court upheld the appeal confirming the accused’s guilt and the €500 fine but ordering the suspended sentence to not be executed.

Lawyer David Gatt was defence counsel.