The High Court of Justice of the Canary Islands has dismissed the appeals filed by the victim and the defendant against the judgment issued by the Second Section of the Provincial Court of Las Palmas, which sentenced a man to nine years and six months in prison as the criminal author of a crime of attempted homicide against his partner.
In addition, the Chamber also imposed a special disqualification from passive suffrage and withdrew parental authority over their common daughter for the duration of the sentence, as well as a restraining order and compensation of 40,000 euros for moral damages and 396 euros for material damages.
The defendant Luis Andrés (fictitious name) was in a relationship with Lucía (fictitious name) in June 2020 and they had a three-year-old daughter in common. At that time, he was arrested by the National Police after stabbing his partner, who suffered multiple injuries and had to be transferred to the Doctor Molina Orosa Hospital.
The woman had filed an appeal requesting that instead of being considered attempted homicide, it should be considered attempted murder, adding the aggravating circumstance of treachery. In addition, she requested that the compensation for psychological damages be increased to 75,000 euros. However, the Chamber dismissed both requests.
According to the factual background of the judgment, the defendant "moved by the deliberate intention to end the life of the victim",
The judgment states that Luis Andrés, "with the purpose of ending her life, inflicted cuts on her forehead with a knife, on her fingers and on her thigh, all while the girl was crying." In addition, he proceeded to "grab her by the neck tightly trying to suffocate her, telling her at all times that he was going to kill her and the girl."
According to the judicial ruling, the defendant, who was found by the police calm, lying in his bed, told the officers when they went to arrest him that "she did not know who she was messing with."
The defense of Luis Andrés had filed an appeal requesting that the mitigating circumstance be taken into account as he was "drugged" and under the effects of "medication."
