The Supreme Court has upheld a four-year prison sentence for an individual who attempted to commit a robbery using a dangerous weapon at a jewellery shop situated in a shopping centre in Güímar, Tenerife.
The various courts that have examined this case believe that around 11:10 on June 13, 2022, the accused, who had two prior convictions for similar offences, entered the establishment where a woman, who had served him on previous occasions, was present. He had even previously brought in a watch for a battery replacement.
After inquiring about purchasing some straps, the shop assistant showed him a steel one. He then proceeded into a small, adjoining office where the safe and higher-value merchandise were kept, while concealing a 23-centimetre knife he had hidden.
He brandished the weapon to intimidate the woman, who then began to scream, leading the robber to strike her in the mouth with the flat side of the knife to silence her, before placing the tip of the weapon near her stomach.
As the manager was preparing to retrieve the keys to the safe in order to hand over the items, the robber took advantage of a brief distraction to activate the anti-theft alarm.
He then received a call from the owner’s daughter, who was observing the events unfold in real-time via the surveillance system installed in Taco, La Laguna.
An immediate alert was subsequently issued to the authorities and employees of another shop located within the same shopping centre where the watchmaker operated.
This heightened the tension for the defendant, who became increasingly violent and continued to press the knife against the victim.
Upon the owner’s arrival, he inquired whether everything was alright, to which the defendant responded, “Yes, all good, sir,” while also attempting to push the man into the office and positioned the blade against his neck.
In a reflexive reaction, the owner seized the defendant’s left arm, where he held the knife, leading to a struggle while the shop assistant feared for her life.
The mall’s security guard then intervened, attempting to wrest the weapon from the offender. The struggle continued down the corridor of the shop, where two additional men appeared to assist.
One of these men managed to throw the knife to the ground, allowing the guard to subdue the robber until police reinforcements arrived.
The scuffle resulted in damage to the jewellery valued at €115 and inflicted injuries to the owner’s left arm and right-hand finger, which required 15 days to heal; however, the defendant ultimately failed in his attempt to steal any items.
The Santa Cruz de Tenerife court confirmed the original ruling, including the consideration for recidivism.
The defence appealed to the Supreme Court, contending that the sentence was excessive, as the robbery was not consummated, nor was there any intent to use violence. This argument was dismissed by the higher court in light of the defendant’s actions.
Furthermore, the court did not accept the mitigating factor of a subsequent confession, since the defendant realised the crime was unmistakably evident.
Nonetheless, the court agreed to reduce the penalty concerning minor injuries and concluded that the minimum fine should be established, which in this instance amounts to one month of fines at the daily rate of two euros, rather than the previously imposed two. The defendant is also required to compensate for the damages to the jewellery, totalling €115.
