SANTA CRUZ DE TENERIFE, Oct 22 (EUROPA PRESS) –
The Criminal Chamber of the Supreme Court has sentenced a woman who stabbed a young man at her home in the town of Cabo Blanco (Arona), in 2018.
The Chamber partially upholds the appeal filed by the woman against the sentence of the Superior Court of Justice of the Canary Islands which, like the one handed down by a Court of the Jury of the Provincial Court of Santa Cruz de Tenerife, imposed a sentence of 17 years in prison for a crime of treacherous murder.
The court dictates a conviction for a crime of homicide, not murder, considering that in this case the treachery has not fully occurred, so it replaces this aggravation with abuse of superiority, which entails a reduction in the penalty .
According to the proven facts, on August 4, 2018, at around 10:00 a.m., the defendant, with the intention of ending the young man’s life, stabbed him with a large knife, at his home, where the woman had attended with his minor daughter.
The first stab occurred in the upper area of the victim’s back, who had gone to the bathroom and was unprepared, but later he suffered many more.
The defendant, not caring about the victim’s condition, went home where she showered and changed her clothes and, later, went to the airport and bought a ticket for the next day with the intention of leaving the country bound for Cuba. detained by the Civil Guard before she could get it.
The victim was transferred to the Hospital Nuestra Señora de la Candelaria, in Santa Cruz de Tenerife, where he underwent surgery, dying as a result of a hypovolemic hemorrhagic shock produced by multiple stab wounds inflicted by the accused.
The Chamber considers that the proven fact, based on the jury’s verdict, is that there was a first stab wound in the upper area of the back while the victim, who had gone to the bathroom, unprepared, was later followed by many others and that some of they determined the death.
The sentence adds that it declared a treacherous beginning of the aggression proven but not that that beginning already marked an irrecoverable – totally or almost totally – defense capacity or generated a determining and nullifying imbalance of the defense possibilities, nor that the component treacherous persists.
“What could have been a fatal result produced with treachery ended – or could end – transformed into a malicious death in a setting other than a treachery that had vanished. The treacherous behavior is concatenated by new acts of aggression already stripped of the treacherous element ; Although a superiority persists –based both on the weapon, as well as on those treacherous preliminaries–. The proven fact is compatible with that hypothesis that, driven by the presumption of innocence, we have to consider as possible, “the Chamber concludes.
