Police vs Vasilevski — Supermarket Theft Ends in Suspended Sentence

Macedonian national pleads guilty to stealing €201.63 from Spar Mellieħa; receives 4-month suspended sentence after early cooperation and full repayment.

Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Ingrid Bianco B.A. LL.D. · 30 April 2026

On 28 April 2026, Zhivko Vasilevski, a Macedonian national residing in Mellieħa, was accused of committing simple theft at the Spar Supermarket in Mellieħa, stealing goods valued at €201.63. The incident occurred at approximately 23:23 and was reported under the supervision of Brian Christopher O'Connor, the supermarket's representative. At the hearing on 30 April 2026, Vasilevski entered an early guilty plea, both in his initial statement to the Police and again before the Court. The magistrate gave him additional time to reconsider his admission and reminded him of the associated penalties, but he confirmed his plea after consulting with his lawyer — demonstrating a considered and voluntary admission of guilt. In mitigation, the Court noted several significant factors in the defendant's favour: his early and consistent cooperation with the Police from the outset, his expression of remorse, and — critically — his repayment in full of the stolen amount. The injured party, Brian Christopher O'Connor, confirmed he had no further interest in the proceedings beyond the defendant keeping the peace and staying away from the Mellieħa Spar. Taking all of these mitigating factors into account, the Court agreed with the defence that an effective prison term was not warranted. Vasilevski was found guilty under Article 284 of Chapter 9 of the Laws of Malta and sentenced to four months' imprisonment, fully suspended for four years under Article 28A of the same chapter. Additionally, a binding order of €1,000 in favour of Brian Christopher O'Connor was imposed for a period of twelve months under Article 383 of Chapter 9, as a security measure for the injured party and to maintain public order.

Zhivko Vasilevski found guilty of simple theft (Article 284, Chapter 9). Sentenced to 4 months' imprisonment, suspended for 4 years (Article 28A, Chapter 9). Binding order of €1,000 in favour of Brian Christopher O'Connor for 12 months (Article 383, Chapter 9). Full restitution of €201.63 already paid prior to sentencing. No expert/perit costs awarded as no experts were appointed.

• An early guilty plea, genuine remorse, and full restitution of stolen goods are powerful mitigating factors in Maltese criminal law that can result in a fully suspended sentence even for theft.
• Under Article 28A of the Criminal Code (Chapter 9), a court may suspend a custodial sentence for up to four years; if the offender commits another imprisonable offence within that period, the suspended term may be activated.
• Article 383 of the Criminal Code allows Maltese courts to impose a binding order — a financial security — in favour of the injured party to guarantee good behaviour and deter further contact with the victim.
• In Maltese procedure, the Attorney General must be given access to a scanned copy of proceedings and the judgment within six working days of sentencing, ensuring prosecutorial oversight even in guilty-plea cases.
• Full cooperation with Police from the earliest stage ('sa mill-bidu nett') is explicitly recognised by Maltese courts as a mitigating circumstance that weighs against the imposition of an effective prison sentence.

Criminal Code, Chapter 9 — Article 284 (simple theft), Article 285, Article 28A (suspended sentence), Article 28H (damages), Article 15A, Article 383 (binding order), Article 533 (expert costs)

Report an error or outdated information