Two defendants guilty of aggravated theft exceeding €2,300, bodily harm, and wilful damage, sentenced to probation and community service instead of imprisonment.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr Ingrid Bianco B.A. LL.D. · 30 April 2026
On the night of 30 December 2025, between 9 p.m. and 11 p.m., in Triq l-Isqof Gargallo, l-Għargħur, Malta, two individuals identified as AAA and BBB allegedly committed an aggravated robbery against a victim referred to as XXX. The stolen items included an iPhone 12, an iPhone 17 Pro Max, a black pouch, and a bank card, with a total declared value exceeding €2,329.37. The theft was aggravated by the fact that it was committed after sunset, with violence, by more than two persons acting together, and it caused light bodily harm to the victim. In addition to the theft, the defendants were charged with causing bodily harm — certified as light injury by Dr Mark Muscat (Medical Registration No. 8007) — and with wilful damage to property belonging to a second injured party, YYY, valued between €250 and €2,500. Both defendants were further charged as accomplices under Article 42 of the Criminal Code in respect of all the above offences. Both defendants were brought before the Court under arrest on 6 February 2026 and entered guilty pleas to all charges. The Court solemnly warned them of the legal consequences of their admissions, adjourned the case to allow them to reconsider, and after consulting with their lawyers, both confirmed their pleas unconditionally. The Court subsequently ordered probation reports, which were prepared by Probation Officer Svetlana Bezzina Giannoukos and presented under oath on 18 March 2026. In sentencing, the Court weighed mitigating factors including the early guilty pleas, the defendants' relatively young age, their clean criminal records (though AAA had faced similar charges in another instance), and the recommendations of the Probation Officer. The Court agreed that an immediate custodial sentence was not appropriate, and instead imposed Probation and Community Service Orders, reflecting the rehabilitative recommendations in the probation reports — including a note that BBB had an ADHD condition that warranted proper management. The Court ordered AAA to 3 years' probation and 80 hours of community service, and BBB to 1 year's probation and 50 hours of community service. Both were ordered to pay compensation of €486.31 each to the injured parties, with the total damages agreed at €1,945.23 split equally among four persons involved in the incident. A 3-year restraining order was issued to protect XXX and YYY, with a warning that breach could result in a fine of up to €7,000 or up to 2 years' imprisonment or both.
AAA and BBB found guilty on all charges. AAA: 3-year Probation Order, 80 hours Community Service Order, compensation of €486.31 to injured parties, 3-year restraining order protecting XXX and YYY. BBB: 1-year Probation Order, 50 hours Community Service Order, compensation of €486.31 to injured parties, 3-year restraining order protecting XXX and YYY. No immediate custodial sentence imposed. Breach of restraining order carries a fine of up to €7,000 and/or up to 2 years' imprisonment.
Criminal Code Ch. 9 — Arts. 261(a)(c)(f), 262(1)(a)(b), 267, 270, 274(c), 277(a), 279(b), 280(2), 281(b), 467(2), 525(3) (aggravated theft); Arts. 214, 215, 221(1), 222A(7), 202(d) (bodily harm); Art. 325(1)(b) (wilful damage); Arts. 42, 43 (complicity); Art. 382A (restraining order); Probation and Community Service Orders Act Ch. 446 — Arts. 7, 11, 12, 13, 14, 18