Event and Time
Event Description
On 29 June 2020, Mr. Schembri, along with three accomplices, committed a violent home invasion at the residence of Kristian Gebhardt. The incident involved the use of a fire extinguisher, breaking and entering, and assault resulting in physical injury to Mr. Gebhardt.
Application and Claims
Mr. Schembri faced multiple charges stemming from this incident and further charges related to possession of a firearm by a prohibited person, handling stolen goods, and possession of a drug of dependence. The maximum penalties for the offenses included up to 25 years’ imprisonment for home invasion and 10 years for intentionally causing injury.
Judicial Decisions
A sentencing indication was provided, which was accepted by Mr. Schembri. Following this, he pleaded guilty to the charges placed against him.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- Mr. Schembri led a group that invaded Mr. Gebhardt's home, used violent tactics, and caused injury. - Police unearthed significant evidence, including text messages with threatening content, a loaded firearm, cannabis, and stolen property from Mr. Schembri's residence.
- Defense's Arguments:
- Mr. Schembri denied the threatening nature of his text messages and his involvement in the physical assault during the home invasion. - The defense highlighted that the firearms belonged to Mr. Schembri's partner and were not lethal. - Mr. Schembri’s psychological state was emphasized, including evidence of suicidal tendencies.
- Victim's Statement:
- Mr. Gebhardt provided a victim impact statement detailing emotional and physical turmoil due to the invasion.