Josef Seychell pleaded guilty to attempted ATM theft, qualified burglary of a shop, and breaching bail conditions, receiving three years' imprisonment.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Nadine Sant Lia B.A; LL.M (Kent); LL.D, Barrister at Law (England & Wales) · 16 April 2026
In the early hours of 8 February 2025, Josef Seychell, a 31-year-old resident of Valletta, attempted to steal money from a Bank of Valletta ATM on Triq San Benedittu, Ħal Kirkop. The attempt failed due to circumstances beyond his control. On the same night, Seychell also attempted to fraudulently obtain a gain to the detriment of BOV and a named individual, again without success. Also that same night, Seychell successfully broke into a nearby establishment known as 'Ta' Nardu' on Triq San Benedittu, Ħal Kirkop, stealing cash, cigarettes, an 'Aluha' brand decoder, and biscuits with a total value exceeding €2,329.37. The burglary was aggravated by being committed after sunset and by means of breaking and entering, with the offender also altering his appearance. The theft was committed to the detriment of Leonard Cassar and Charmaine Cassar. Seychell had also been subject to bail conditions imposed by the Criminal Court presided by Judge Dr. Neville Camilleri on 16 May 2024, which he breached on 8 February 2025. The prosecution further established that Seychell was a recidivist, having prior convictions including previous theft offences. He had been under the influence of a drug addiction at the time of the offences, a fact confirmed by the prosecution. At the hearing of 4 March 2026 — approximately one year after proceedings began — Seychell voluntarily entered an unconditional guilty plea to all charges. The court warned him solemnly of the legal consequences and gave him time to consult his defence lawyer before he re-confirmed his admission. The court found no reason to doubt the genuineness of the plea, declared the charges sufficiently proved, and proceeded directly to sentencing. Sentencing factors included his criminal record, the unconditional and relatively timely guilty plea treated as a mitigating factor, his drug addiction, and his status as a recidivist under Articles 49, 50, and 289 of the Criminal Code.
Josef Seychell found guilty on his own admission of all five charges: (1) attempted theft from a BOV ATM (aggravated by being committed after sunset); (2) attempted fraudulent gain; (3) qualified theft from Ta' Nardu (value exceeding €2,329.37, committed after sunset, by break-in, with disguise); (4) breach of bail conditions; (5) recidivism. Sentenced to three (3) years' imprisonment. Placed under a Treatment Order for three (3) years from sentencing date to address drug addiction. Ordered to pay restitution of €5,620 to Leonard Cassar and Charmaine Cassar within six (6) months. Restraining Order (Ordni ta' Trażżin) issued in favour of Jessica Falzon, Leonard Cassar and Charmaine Cassar for three (3) years from date of release. Ordered to pay expert fees of €797.50 to the Court Registrar within two (2) years.
Criminal Code Ch. 9 — Articles 15A, 41(1), 49, 50, 261(b)(c)(f), 263(b), 267, 270, 278(3), 279(b), 280(2), 281(a), 289, 309, 310(c), 382A, 383, 392A, 412C, 412D, 533, 579(2)(3)