Canary Islands High Court Upholds 20-Year Sentence for Treacherous Murder

The High Court of Justice of the Canary Islands (TSJC) has rejected an appeal from a man convicted of the treacherous murder of a 62-year-old woman. The court confirmed his 20-year prison sentence, originally handed down by the Provincial Court of Santa Cruz de Tenerife. The crime took place in Guaza, a town in Arona, Tenerife.

The TSJC rejected the defense's claim that the convicted man had a severe mental impairment when the crime happened. The defense argued this impairment should either excuse him from the crime or reduce his sentence.

The court found it proven that in the early hours of January 4, 2022, the man went to his neighbor's home. He got in through a window and attacked her by surprise while she was lying in bed.

He stabbed her multiple times in the face, back, and chest, causing fatal injuries. The court stressed that the victim had no chance to defend herself, which is why the aggravating factor of treachery was applied to the murder charge.

The defense claimed that some expert evidence, which suggested the accused had a severe mental impairment, was not properly considered. They argued this evidence should have meant he wasn't held fully responsible for the crime.

However, the TSJC agreed with the jury's assessment. The jury had relied on other medical reports that found no serious problems with the accused's thinking or decision-making abilities. One such report, from a prison psychiatrist, concluded that the convicted man shows no significant mental health issues.

The jury also believed the report from two forensic doctors. These doctors reviewed medical records from before and after the murder, as well as the accused's behavior after his arrest, which included his confession to the crime.

The court also dismissed claims of behavior that suggested mental instability – such as banging his head against a wall, having an absent stare, or seeming disconnected – because these actions were not noted in the police report.

Regarding the defense's claim that the jury's decision wasn't properly explained, the TSJC pointed out that a sentence can only be overturned if there's a complete lack of reasoning, which was not the case here.

The ruling also emphasized the legal limits on higher courts reviewing jury verdicts. It concluded that it was impossible to excuse the man due to a mental disorder.

Besides the prison sentence, the ruling upheld the order for the man to pay 200,000 euros to each of the victim's two children, as compensation for their emotional suffering.

With this decision, the TSJC confirms the conviction for murder with treachery, meaning the convicted man has exhausted his regional appeals.