Local man appeals eight-year sentence for aggravated burglary
Archive image of Gibraltar's Supreme Court. Photo by Johnny Bugeja.
A local man serving eight and a half years for aggravated burglary lodged an appeal to reduce his sentence on Wednesday morning.
Karl Danino, 40, pleaded guilty to charges of threats to kill and aggravated burglary days before trial last January.
The facts of the case are that Danino attacked a woman in the home she shared with her elderly parents causing them to fear for their lives.
He kicked the front door and gained access into the house in March 2024 where the daughter found Danino within the residence at the bottom of a staircase holding a large metal pole.
She disarmed him, and then he pulled a metal pick from his pocket and repeatedly tried to stab her torso, causing an 8mm incisional injury.
Months later in October 2024, Danino told a consultant psychiatrist that he wanted to kill a GP, stating he was training at the gym to take revenge on this doctor, who he said had not prescribed medication he wanted.
Danino was sentenced for both offences: eight years and one month for aggravated burglary and 20 weeks for threats to kill.
Danino’s lawyer Neil Costa submitted to the Court of Appeal that the 20-week sentence for threats to kill should run concurrently with the aggravated burglary sentence.
Mr Costa laid out several points to President of the Court of Appeal Sir Nigel Davis, and appeal judges Sir Patrick Elias and Sir Nicholas Underhill.
He submitted that the trial judge had erred in the application of sentencing guidelines and that the culpability should have been classed as lower.
Mr Costa said this was a borderline case between medium and low culpability, and had been classed as medium culpability, adding that the trial judge came to a view wrongly on this matter.
He told the court that the trial judge has erred in assessing the category of harm as the victim had received limited physical injury, and that the Victim Personal Statement could be seen to “exaggerate unintentionally the harm suffered”.
Mr Costa pointed out that previous convictions which were considered during sentencing dated back many years.
He added that the offence was committed under the influence of alcohol or drugs and the culpability should have been lower, adding that Danino has accepted to be voluntarily drug tested in prison.
Prosecutor Justin Rodriguez said that although Danino was highly medicated this does not excuse his actions on the day of the offence.
He added that this was a very serious offence and that when it came to previous convictions Danino had committed a second offence after the aggravated burglary.
Mr Rodriguez added that the aggregated sentence was just and appropriate, and that a discount was applied for the guilty plea days before trial.
The Court of Appeal judges deliberated for 20 minutes and returned to the court to inform their judgement will be handed down at a later date
Mr Costa was assisted by Jeevan Daswani.








