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4 Years in Prison Confirmed for Attempted Homicide in Nules

The TSJCV upholds the sentence for an attack with an axe and knife following a dispute over a kebab business.

Generic image of an axe and a knife with emergency lights in the background.
IA

Generic image of an axe and a knife with emergency lights in the background.

The High Court of Justice of the Valencian Community has confirmed the 4-year prison sentence for a man for the crime of attempted homicide, after attacking another man with an axe and a knife in Nules.

The Chamber dismisses the appeal filed by the defense and upholds the sentence issued by the Provincial Court of Castellón. The events date back to February 3, 2024, when the convicted man went to a telephone store owned by the victim following a dispute over the transfer of a kebab business. As stated in the ruling, the accused demanded the return of money, threatened the victim, and produced a long knife and an axe from a bag.
The resolution considers it proven that the aggressor struck the victim on the leg and arm, and then directed the axe towards the head while saying, 'I'm going to kill you.' The victim managed to protect himself with his left hand, preventing the blow from reaching a vital area.
The defense argued that there was no homicidal intent and requested that the events be considered a crime of injury with a dangerous weapon. However, the TSJCV rejects this thesis and concludes that the convicted man's conduct reflects an intent to kill, not merely to injure. The Chamber highlights the direction of the blows, the lethal capacity of the axe and knife, the body part targeted, and the repetition of the assault. It also takes into account that the accused pursued the victim when she fled the premises.
The sentence emphasizes that the fatal outcome did not occur because the victim managed to protect himself and escape. Medical reports indicated that if the blow with the axe had reached the head, it could have affected a vital center. The victim suffered a complex wound to the left hand, back injuries, an open fracture of the first metacarpal, a musculotendinous injury, and post-traumatic stress disorder, requiring surgery, rehabilitation, and psychological treatment.
In addition to the 4 years in prison, the sentence includes a restraining order prohibiting the convicted man from approaching within 1,000 meters of the victim, her home, workplace, or any place she may be. He is also forbidden from communicating with her by any means for a period five years longer than the prison sentence. The convicted man must compensate the victim with 26,000 euros for injuries and 10,000 euros for moral damages, in addition to paying court costs, including those of the private prosecution.
The appeal also alleged a disproportionate sentence. However, the TSJCV considers the 4-year prison sentence appropriate within the legal framework applicable to attempted homicide. The ruling confirms that the Provincial Court applied a reduction of two degrees due to it being an incomplete attempt, but maintains that the severity of the events, the use of two weapons, and the circumstances of the attack justify the imposed penalty.

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