ECLI:NL:RBLEE:2012:BY5386
ECLI:NL:RBLEE:2012:BY5386
AI generated
Court acquitted defendant of attempted murder but convicted of assault, ordering community service and victim compensation.
Netherlands (NL)
Legislator summary
AI generatedThe court acquitted the defendant of the primary charge of attempted murder due to insufficient evidence regarding the specific blow to the head. However, it found the defendant guilty of the subsidiary charge of assault, resulting in a conviction for causing injury. Consequently, the defendant was sentenced to 120 hours of community service and ordered to pay the victim €893.45 in damages.
Legislator headnote
AI generatedArt. 301a BW; Art. 302 BW: Where evidence is insufficient to prove the specific intent or act constituting attempted murder, but sufficient to prove the act of assault causing injury, the court must acquit on the former charge and convict on the latter.
Keywords
AI generated
attempted murder
assault and battery
insufficient evidence
subsidiary charge
community service
victim compensation
acquittal and conviction
Cited Legislation
AI generatedArt. 301a BW
Art. 302 BW
Related Decisions
AI generatedECLI:NL:RBLIM:2013:BZ5103
ECLI:NL:RBLIM:2013:BZ5103 Rechtbank Limburg , 23-01-2013 / 03/700332-12
ECLI:NL:RBNNE:2025:249
Court convicts defendant of attempted murder and orders civil compensation for victim's injuries.
ECLI:NL:RBGEL:2018:1809
Court partially allows probation violation appeal, extending trial period and ordering clinical admission.
ECLI:NL:RBSGR:2011:BU7477
Court partially allows assault charges and orders joint civil compensation for head injuries sustained by victims.
ECLI:NL:RBMNE:2013:2475
Dutch court convicts defendant of attempted murder and attempted grievous bodily harm based on stabbing evidence.