Theft from Bacchus Restaurant in Mdina while on probation — probation order revoked — 6 additional months = 17 months total
Qorti tal-Maġistrati (Malta) — Qorti ta' Ġudikatura Kriminali · Magistrate Dr. Marse-Ann Farrugia LL.D. · 15 December 2025
On 21 August 2023, Llewwlyn Xerri stole cash from Bacchus Restaurant in Triq Inguanez, Mdina. The theft was aggravated by value and by the person. Critically, at the time of the offence Xerri was serving an active probation order. He was charged with theft and with committing an offence during the operational period of a probation order under the Probation Act (Ch. 446). The court found him guilty on both counts, revoked the existing probation order, and sentenced him to an additional 6 months effective imprisonment — resulting in a total of 17 months imprisonment across both sets of proceedings.
The court convicted Xerri of aggravated theft (value + person) and of breaching his probation order. Under the Probation Act (Ch. 446), committing a criminal offence during the operational period of a probation order allows the court to revoke the order and impose the original sentence that was conditionally suspended. The court revoked the existing probation order and added 6 months effective imprisonment for the new theft offence, bringing the total custodial sentence to 17 months. Time spent in preventive arrest in connection with these proceedings was to be deducted. The case illustrates that probation is not simply a 'free pass' — reoffending during probation typically results in the original sentence being activated on top of any new punishment.