A 29-year-old mother guilty of stealing €400 from a taxi receives a suspended sentence alongside a 3-year Treatment Order addressing post-natal depression and drug addiction.
Court of Magistrates (Malta) as a Court of Criminal Judicature · Magistrate Dr. Tanya Sammut LL.D., M.A (Fin. Serv) Dip.Trib. Eccl. Melit · 20 March 2026
In the early hours of 19 March 2026, between 5:00am and 7:30am, Kimberly Cassar, a 29-year-old resident of Żebbuġ, Malta, was accused of stealing a black bag containing approximately €400 in cash from inside a taxi belonging to Prem Bahadur Damai. She was also charged with wilfully damaging the same taxi (registration DLY 479), with the alleged damage valued between €250 and €2,500. Cassar admitted to the charges at an early stage of the proceedings, and the case was decided summarily with the consent of both the Attorney General and the accused. The court, in line with Article 392A(1) of the Criminal Code (Chapter 9), solemnly advised Cassar of the legal consequences of her admission and granted her sufficient time to reconsider and re-consult with her lawyer. She nonetheless confirmed her guilty plea. In considering the appropriate sentence, the court noted several significant mitigating factors: the relatively low value of the stolen sum (€400), the fact that Cassar had given birth five months prior, and that she was suffering from post-natal depression which had led her into drug dependency. The court observed that she had a clean criminal record and that her admission came at a very early stage of proceedings. Both the prosecution and the defence agreed that imprisonment was not appropriate in these circumstances. The court found Cassar guilty on the first charge (theft) and sentenced her to one year imprisonment, immediately suspended for three years. She was also ordered to pay restitution of €400 to the victim within two months. A three-year Treatment Order was issued under Article 412D of the Criminal Code to address her psychiatric, psychological, and drug-related problems stemming from post-natal depression. On the second charge (wilful damage), the court acquitted her entirely, finding no evidence on record regarding receipts or amounts of the alleged damage. The requests for expert costs under Articles 532A and 533 were also set aside as no experts had been appointed in these proceedings.
Kimberly Cassar: (1) Found GUILTY of theft — sentenced to 1 year imprisonment, suspended for 3 years under Article 28A(1) of Chapter 9; ordered to pay restitution of €400 to victim Prem Bahadur Damai within 2 months; 3-year Treatment Order issued under Article 412D of Chapter 9 for post-natal depression and drug addiction. (2) ACQUITTED on charge of wilful damage to vehicle DLY 479 — no evidence of damage amounts/receipts on record. Requests under Articles 532A and 533 (expert costs) dismissed as no experts were appointed.
Criminal Code Chapter 9 — Articles 7, 28A(1), 28H(1)(2)(3), 261(c)(g), 267, 271(g), 279(a), 280(1), 392A(1), 412D, 532A, 533 — theft, wilful damage, suspended sentences, restitution orders, treatment orders