Adv. Dr. Rebekah Tanti Dougall LL.D. and Adv. Dr. Anne Marie Cutajar LL.D. appeared parte
civile for the wife.
The Court of Criminal Appeal on 22 November 2023, presided by Judge Neville Camilleri,
rejected the appeal of a man who was sentenced to two years probation after throwing at
his wife a ‘chopping board’ on which he was cutting the chicken breast on and the the knife
with which he was cutting the food with.
The incident took place on the 4 November 2018, at around 11:30 am at the family
residence in Pembroke.
The 60-year-old man was charged with causing his wife slight injuries and by his behaviour,
he caused fear that he would use violence against her, or her property, and also he vexed
her and he insulted her.
On 4 November 2020 he was found guilty of causing his wife slight injuries and and placed
on a probation order for two years, to protect the wife as she was afraid that he would use
further violence against her. The Court was also asked to consider this case as a violent
domestic case in line with Gender Based Violence and Domestic Violence Act (Chapter 581
of the Laws of Malta).
He appealed against the judgment of the Court of Magistrates (Criminal Judicature), arguing
that the incident took place while he was preparing food and his wife mentioned his illness.
It was here that he threw the ‘chopping board’, the chicken and the knife that he was cutting
with on the ground while denying that they hit his wife.
In her testimony, the woman had testified that her husband had thrown at her the chopping
board, the knife and the chicken. She said the wood fell on her legs and injured her while
the knife passed by her feet and her daughter had to take her to the hospital.
The Judge pointed out that the chopping board hit the victim. For this reason, the judge
dismissed the appeal and upheld the judgment handed down by the Court of Magistrates.