A critical analysis of current drug trafficking legislation in Malta

Abstract

The object of this thesis is to examine in depth the legal definition of dealing together with other offences which do not fall under the definition as specified under article 22 subarticle (1B) of the Dangerous Drugs Ordinance and article 120A subarticle (1B) of the Medical and Kindred Professions Ordinance. A historico-legal narrative approach on the development of drug trafficking legislation is adopted and then compared to foreign legislation. By way of necessity drug legislation in Malta is analysed before during and after the British rule and subsequent developments are mentioned. Also, reference is made to existing clauses of important conventions which have drawn inspiration and which have become part and parcel of our national legislation. A thorough analysis of drug trafficking provisions dealt with under both ordinances shall be substantiated by local judgments. The Courts in front of which drug trafficking offences are to be tried are explained in detail. A number of judgments are studied on how sentences are handed out and how they differ substantiated with the reasoning as to why certain judgments are handed down. This thesis proceeds to examine the current situation under our national ordinances and also why certain punishments vary. This is compared to other jurisdictions.