30/04/2002

OF CRIMINAL APPEAL (SUPERIOR)

ARRIGO NOEL V., FILLETTI JOSEPH A., DE GAETANO VINCENT

THE REPUBLIC OF MALTA vs STEVEN PETER CUSHNAHAN

N/A

FINAL JUDGEMENT

N/A

FORFEITURE OF IMMOVABLE PROPERTY NOT TO BE ORDERED IN CASE OF CONVICTION FOR SIMPLE POSSESSION OF DRUGS - SIMPLE POSSESSION OF DRUGS

There is one final point which, although not specifically raised in the appeal application or in thecourse of oral submissions, this Court feels that is should raise ex officio. This refers to the forfeiture of appellant's “entire immovable and movable property”, as ordered by the first Court. Theforfeitures provided for in sub-section (3A) of Section 22 of Cap. 101 do not apply in the case of “simple” possession. The order of forfeiture, as far as appellant is concerned, was clearly an oversight on the part of the Criminal Court.