The Criminal Chamber of the Superior Court of Justice of the Canary Islands (TSJC) has denied the appeal of a man convicted over twenty times for robbery with force and intimidation, who received a sentence of five years for this same offence.
The events took place on 14 June 2023 in the locality of Igueste de Candelaria, where both the accused and the victim reside, and involved the theft of a wedding ring and 500 euros in cash.
During the imposition of the sentence, the aggravating factor of multiple reoffending was taken into account, and at the time of the trial, the defendant was in provisional detention for similar charges.
Burglary in a Candelaria Home
The accused broke into the neighbour’s home through a window located one and a half metres above the ground. Inside, as captured by a security camera, he moved through various rooms and appropriated the money and jewellery from a safe that he had forced open.
The defendant’s counsel argued that his right to the presumption of innocence had been violated. They maintained, as they did during the oral hearing, that there is no incontrovertible evidence proving him to be the perpetrator of the crimes for which he was convicted.
They pointed out that no fingerprints were found inside the house, and the footage from the security cameras was blurry.
The TSJC noted that the verdict was based on the testimony of the Civil Guard officers who inspected the residence and were able to identify the accused in the recordings by the tattoo on his leg and by observing him walking within the home.
Regarding the rejection of the aggravating factor of recidivism, the TSJC reviewed the various firm convictions of the appellant since 2007, which total around ten years of imprisonment across approximately twenty cases of robbery with violence or intimidation, with the criminal record not having been expunged.
The Public Prosecutor’s Office sought six years of imprisonment as well as the return of the wedding ring and the 500 euros, which, according to these two rulings, were stolen from a home in this neighbourhood.
