The Supreme Court (TS) has rejected the appeal filed by a convicted individual for attempted homicide and robbery with violence against an elderly woman in Arrecife (Lanzarote), events that occurred in January 2020, for which he must serve a total sentence of nine years and three months in prison.
The sentence includes four years and three months for the crime of attempted homicide and five years for robbery with violence.
The Provincial Court of Las Palmas also ordered the convicted individual to pay compensation of 1,600 euros for the stolen money, which was not recovered, as well as 7,500 euros for the sequelae caused to the victim and 6,100 euros for the days it took her to recover from her injuries.
In January of this year, the Superior Court of Justice of Canarias (TSJC) had already rejected the accused's appeal and dismissed all his arguments, after which the defense appealed to the Supreme Court, considering that the Canarian court had not analyzed the procedure in depth.
The convicted individual alleged, among other arguments, the absence of DNA on the hammer supposedly used as a weapon, the different assessment of some testimonies between the investigation phase and the trial, and that the victim did not fully corroborate his guilt due to the cognitive problems she suffers from due to her age.
According to the sentence, the accused, currently 58 years old and with a record for theft, entered a dwelling in Arrecife around 5:00 PM on January 8, 2020, without forcing the door and surprised the victim while she was sleeping on the sofa.
He then stole a purse with 1,600 euros from her and hit her on the head before dragging her to the bathroom, where he left her locked in and fled the scene.
The woman suffered a traumatic brain injury with hemorrhage, fractures of the jaw and left arm, as well as various lacerations, for which she had to be transferred to the Doctor Negrín Hospital in Gran Canaria due to the life-threatening risk she presented. She took 70 days to recover.
The Supreme Court concludes that it does not find any relevant errors or procedural irregularities that would justify reviewing the sentence issued by lower courts.
The resolution also states that appropriate measures must be taken to determine if two witnesses committed perjury during the proceedings
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