Republic vs Raymond Micallef — Sexual Assault / Sentence Increased by Attorney General's Appeal

Man who groped victim in car under pretence of helping with seatbelt — 5 years increased to 6 years 3 months after AG appeal — recidivist, offence during suspended sentence

Qorti tal-Appell Kriminali · Hon. Justice Dr. Neville Camilleri LL.D. · 8 April 2026

On 14 December 2023, Raymond Micallef offered a lift to a pedestrian in Ħ'Attard. After the victim got into the car, Micallef reached over pretending to help with the seatbelt and grabbed the victim's intimate parts. The victim immediately exited the vehicle. Micallef was convicted by the Magistrates Court on all five counts including sexual act without consent, outraging public morality, sexual harassment, committing an offence during the operational period of a suspended sentence, and recidivism. He was sentenced to 3 years imprisonment, plus the 2-year suspended sentence was activated — 5 years total. Both Micallef and the Attorney General appealed. Micallef's appeal was dismissed. The AG's appeal (that the sentence was below the legal minimum) was upheld — the sentence was increased to 4 years 3 months plus the 2 years, totalling 6 years 3 months imprisonment.

The Court of Criminal Appeal confirmed the conviction on all counts. The victim's evidence was consistent, linear and credible — confirmed both in his original police report and when testifying in court. The court rejected Micallef's argument that using the right to silence in his police statement was being used against him — the first court's conviction rested on the victim's credibility, not the silence. On sentence: Art. 207 of the Criminal Code (sexual act without consent) carries 3-7 years. With the mandatory aggravation under Art. 202(n) (prior similar conviction), this rises to 4-8 years. The Magistrates Court had imposed 3 years — below the minimum of 4 years. The AG's appeal on this point was upheld. The final sentence: 4 years 3 months on the primary counts (absorbed together), plus the 2-year previously suspended sentence activated = 6 years 3 months total imprisonment plus €500 fine. A 3-year Restraining Order protecting the victim was also confirmed.

• Art. 207 Ch. 9 — performing a sexual act without consent carries 3-7 years imprisonment; with aggravating factor under Art. 202(n) (prior conviction for similar offence) it rises to 4-8 years — this aggravation is mandatory, not discretionary
• The Attorney General can appeal a sentence that is below the legal minimum — and the Criminal Court of Appeal can increase a sentence on the AG's appeal even if the defendant also appealed seeking reduction
• Committing an offence during the operational period of a suspended sentence automatically activates the suspended sentence, which is served on top of the new sentence
• Recidivism under Arts. 49 and 50 Ch. 9 — having a prior conviction for a similar offence — is both a mandatory aggravating factor and a separate count in the charge sheet
• The right to silence in a police statement cannot be used as evidence of guilt — but the court can rely entirely on a single credible witness (Art. 638(2) Ch. 9) without corroboration
• A Restraining Order (Ordni ta' Trażżin) under Art. 382A protecting the victim can be imposed as part of the criminal sentence — here for 3 years from remission of the custodial sentence
• Sexual harassment under Art. 251A(1)(e) includes any unwanted physical contact with sexual connotations — even brief touching in a public or semi-public setting