The Criminal Chamber of the Supreme Court (TS) has rejected the appeal filed by a man sentenced to 11 years in prison for assaulting his 70-year-old ex-partner during a dance held at a senior center, in which he claimed he was drunk.
In his appeal, the defendant requested that his alcoholism be considered a mitigating factor, arguing that he was drunk at the time, which caused him to act violently, that it was not a murder but injuries, and that he had deposited money in the Court despite being a pensioner.
The assault took place around 8:00 p.m. on June 1, 2023, when the accused went to the nightclub, which his ex-partner frequented, and, after finding her there in the company of another man, approached her and attacked her with a knife.
Before the Supreme Court, the lawyer requested acquittal or, subsidiarily, that it be treated as an aggravated assault offense, which is rejected by the Supreme Court, so the conviction is now final.
The Supreme Court considers valid the ruling of the High Court of Justice of the Canary Islands (TSJC) which, based on an expert's report, determined the lack of evidence to prove that the consumption of beverages partially or completely annulled his capacity to be aware of what he was doing.
The couple had broken up five months earlier by the woman's decision, although according to the accused it was by mutual agreement, and in fact he claims that he was maintaining another relationship.
But from then on, the man called her constantly and hung around her house trying to get back together.
After the attack, the woman was transferred to the Hospital de La Candelaria, which allowed her to save her life. She was hospitalized there for a week and underwent surgery.
The defendant has remained in pre-trial detention since the moment of the attack and must pay 10,580 euros in compensation to his ex-partner, as also ratified now by the Supreme Court, of which he has already paid just over 6,000.