Two brothers convicted of smuggling thousands of untaxed cigarettes raised a constitutional challenge to their penalties. The appeal court deferred the sentence question pending a related constitutional case.
Court of Criminal Appeal · Judge Dr. Edwina Grima LL.D. · 27 March 2026
On 7 October 2020, customs officers and police searched three premises in Qormi and found Anthony and Joseph Bartolo in possession of thousands of duty-unpaid cigarettes. The total unpaid excise duty alone exceeded €40,000, with additional import duty and VAT bringing the total tax liability to nearly €53,000. Both were convicted. On appeal, they argued the penalties were disproportionate and raised a constitutional challenge — arguing that the penalty system, which can convert unpaid financial penalties into imprisonment, violates the European Convention on Human Rights. The appeal court rejected their arguments that the conviction was wrong. However, the same constitutional argument was also being raised in two other related cases before the Constitutional Court. To avoid inconsistent decisions, the appeal court deferred the sentencing question until those constitutional cases are finally decided.
Conviction upheld on all counts. Sentence appeal deferred pending outcome of related constitutional cases in first two grounds dismissed.
Customs Ordinance Ch. 37 Arts. 60, 62; Excise Duty Act Ch. 382 — duty evasion and smuggling of untaxed cigarettes