31/07/2018

OF CRIMINAL APPEAL (INFERIOR)

SCERRI HERRERA CONSUELO-PILAR

THE POLICE vs USTA SALIH

ECLI:MT:AKI:2018:112826

FINAL JUDGEMENT

THE POLICE vs USTA SALIH - 325/2017 - OF CRIMINAL APPEAL (INFERIOR), MALTA

This case related to the playing of music at a commercial establishment to the annoyance of a neighbour The prosecution had to bring evidence to the Court to prove that on the day in question the music that was played in the time-frame that the law provides was of disturbance to the neighbourhood orto a number of neighbours for the test to be objective. Otherwise, the court would be deciding thematter on a subjective test carried out by the complainant who might have an ulterior motive for filing such a complaint.
The Court was not convinced that the noise that was generated by the appellant at ten o'clock in the evening was such as to annoy him. Therefore it acquitted accused.