Despite confession
Sentence for homeless murderer increased: 13 years in prison
Appeal hearing against homeless murderer Thomas A. in the Vienna Palace of Justice: The 18-year-old, who was sentenced to 12 years in prison and placement in a forensic-therapeutic center for double murder and attempted murder in November, was brought before the Vienna Higher Regional Court under heavy guard. The appeal hearing against the client of lawyer Manfred Arbacher-Stöger took place there.
After 20 minutes, it was clear that the sentence for the 16-year-old at the time of the crime would be increased from 12 to 13 years. Despite his remorseful confession, according to the presiding judge, "the reduction by the court of first instance was too much".
Thomas A. (name changed) is visibly marked. The teenager says to the panel of judges in a breaking voice: "I didn't feel remorseful at first. But for a few months now it's been unbearable. I dream about what happened. I'm proud that I was able to apologize to the surviving victim. But that doesn't help either. I have to deal with psychiatrists every day because I can't go on. I can't sit still, I can't fall asleep. I'm only now realizing what I've done." - In contrast to some of his statements at the trial, his words come across as sincere.
A confession must be worth something and should be a significant reason for mitigation for general prevention reasons alone.
Verteidiger Manfred Arbacher-Stöger.
"They would never have guessed"
Following the jury's verdict, the public prosecutor's office had demanded an increase in the sentence: "It was one of the most heinous crimes committed in Vienna in recent years. What's more, it was committed in a sane state and meticulously planned," explained the senior public prosecutor. Defense lawyer Manfred Arbacher-Stöger counters: "The public prosecutor said at the main hearing that they would never have guessed. He went to the police on his own initiative and handed himself in. A confession must be worth something and should be a significant reason for mitigation for general prevention reasons alone."
Ultimately, the Senate decides on a lenient increase in the sentence by one year. The maximum sentence for juvenile murder is 15 years in prison.
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