The Civil and Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has dismissed the appeal filed by a man who was sentenced to 18 years in prison for stabbing his 82-year-old aunt to death, after throwing her off the ground. the stairs in his home in La Laguna.
The accused of stabbing his aunt to death in Tenerife faces 25 years in prison
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The sentence, made public this Thursday, confirms the treacherous murder of the old woman, who also could not defend herself from the attacks due to the injuries caused by her being thrown down the stairs by her neighbor.
In addition, the condemned man was carrying a 32-centimeter long knife “and the victim was not only injured but also unarmed, so the possibility of defending himself was totally nil.”
The Chamber also rules out the application of the mitigation of outburst or obstinacy for the repeated insults to which the man was subjected by his aunt -he insulted him and his girlfriend- and although it admits a “possible level of confrontation” he understands that the murder was the result of a “planned” action and with “clear coldness of spirit”.
“Thus, it is not appreciated that the insults that the deceased said to utter, such as ‘I shit on your dead’, and other expressions, are of such intensity that they made her go to the kitchen, take a knife and stab her three times. aunt”, includes the sentence, which also does not verify that the convicted person suffered from depression due to the death of his partner two years earlier and with whom he had a 25-year relationship.
The Chamber also does not see the coldness of their actions as “compatible” with a person who is obfuscated, such as cleaning up the blood that was in the house, washing their clothes, putting several washing machines, putting a painting under the door or wrapping the corpse with a sheet. .
Likewise, an appeal from the Prosecutor’s Office that requested a sentence of 23 years in prison has been dismissed because, since there are no mitigating or aggravating factors, the criminal framework can be assessed in its entirety, as established in section 6 of article 68 of the Code Penal.
In this sense, the Chamber considers that the ruling is within the range of 15-25 years for this criminal offense and understands that such a significant increase in the sentence as promoted by the Prosecutor’s Office is not justified.
