The First Hall Civil Court (Constitutional Jurisdiction) ordered the Attorney General to pay Antonio Gatt the sum of €10,000 in moral damages, after deciding that the criminal proceedings against Antonio Gatt, which ended up in him being declared not guilty of all the charges brought against him, took an unreasonable amount of time to be...
A judgement which was delivered on the 3rd June 2019 saw the Court of Magistrates (Malta) presided by Magistrate Dr Doreen Clarke acquitting a Medical Doctor who was represented in these proceedings by Dr Joseph Giglio, after he was accused of having, through imprudence, carelessness, unskilfulness in his art or profession, or non-observance of regulations,...
In a judgement delivered by the Court of Magistrates as a Court of Criminal Judicature, the presiding Magistrate made some very pertinent comments about the prevailing situation in the building industry. The facts of this case related to a very tragic and unfortunate accident which resulted in the untimely death of a French student who...
Automatism Excludes Criminal Responsibility In a judgement delivered recently, the Criminal Courts concluded that automatism excludes criminal responsibility. The facts of the case relate to a fatal traffic accident when the accused, whilst driving his vehicle, suffered from an epileptic fit. As a result of this, he blanked out for a few seconds and first […]
The Constitutional Court has ruled, in the case of Brian Vella v. The Attorney General, that life sentences without parole which cannot be reviewed violate Article 3 of the European Convention on Human Rights: No one shall be subjected to torture or to inhuman or degrading treatment or punishment What tipped the balance was Vinter...