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Cassation Court upholds 2-year sentence for misdemeanour

By Rana Husseini - Dec 22,2023 - Last updated at Dec 22,2023

AMMAN — Court of Cassation has upheld an October 2022 Criminal Court ruling, sentencing a man to two years in prison after convicting him of attempting to murder a man in Amman in March 2021.

The Criminal Court declared the defendant guilty of misdemeanour, instead of an attempted murder charge, that stemmed from “a heated dispute” with the victim in Jabal Jofeh on March 5. The defendant’s original attempted manslaughter charges were reduced to a misdemeanour by the Criminal Court because the incident occurred in “a moment of rage”.

Court papers said the defendant and the victim engaged in a heated argument while walking in the eastern neighbourhood street. “The argument became heated and the victim, who was under the influence of drugs and agitated, headed to his parked car and grabbed a sword,” court documents said. 

Court papers added that the victim ran towards the defendant and some of his family members waving the sword and throwing “bad words” at everyone.

“The defendant grabbed an iron bar and struck the victim in the head, causing a severe injury to his skull,” the court documents stated. The victim was rushed to a nearby hospital and survived the assault incident after undergoing few surgeries.

The Criminal Court’s attorney-general contested the Criminal Court’s decision to reduce the charges against the defendant.

“The defendant’s actions should not be considered a fit of fury because the victim did not commit any threatening acts and was just waving the sword in his hand,” the Criminal Court’s attorney-general argued.

Therefore, the Criminal Court’s attorney-general stated that the defendant “should not benefit from any reduction in charges”. However, the higher court ruled that the Criminal Court proceedings were accurate and that the defendant was given the appropriate punishment.  

The Cassation Court bench comprised judges Mahmoud Ebtoush, Nayef Samarat, Hammad Ghzawi, Qassem Dughmi, and Mohammad Khashashneh.

 

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