“Dubai Appeal” sentenced him to two years in prison

A European attacks his girlfriend with a knife inside the car

• Lawyer Muhammad Al-Najjar: “The absence of the elements of the crime of attempted murder, the unreasonableness of the incident, and the maliciousness and fabrication of the accusation.”

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The Dubai Court of Appeals hardened a first-degree verdict, from one to two years in prison, against a European resident who stabbed his girlfriend, with whom he has had a friendship and love relationship for 15 years, in the neck and ear, due to disputes that broke out between them.

The Court of Appeal rejected the Public Prosecution's appeal against the Court of First Instance amending the description of the charge from attempted murder to assault, noting that the mere use of a deadly weapon in assaulting the victim does not necessarily mean the presence of the intent to kill, especially since the accused did not continue to assault his girlfriend. He even tried to take her to the hospital when she asked him to, before she fled to the home of a citizen in the Safa area and reported the crime to the police.

The Court of Appeal stated in the merits of the ruling, that the incident, as settled in its conscience, occurred when the victim was with her boyfriend, the first accused, in his vehicle next to her residence in the Downtown area in the Emirate of Dubai, and then a verbal altercation broke out between them, which developed into his assault with a knife in front of the right. Her neck, left humerus, and earlobes.

She indicated that the victim asked the accused to take her to the hospital, and he agreed, and they went to the Safa area, and stopped in a dark area, so she took advantage of the opportunity and ran away from the car, and headed to a nearby house, asking for help from its residents, who rushed to inform the police, and the victim was taken to the hospital, while The accused fled.

A witness from Dubai Police stated in the investigations of the Public Prosecution, that he moved to the accused’s residence in a hotel, and found his friend (the second accused in the case), and the friend told him that the first accused assaulted his girlfriend, and attended with his clothes stained with blood, so the policeman asked him why he did not inform the police despite He knew of the crime, but he did not respond, which made him a second defendant in the case.

The witness added that he arrested the first suspect who admitted the incident, attributing his assault on his girlfriend to her requesting money from him, but he was unable to do so due to the lack of funds with him, then an argument broke out between them, which developed into the assault.

By questioning the defendants in the investigations of the Public Prosecution, they denied what was attributed to them, while the legal representative of the first accused, lawyer Muhammad al-Najjar, demanded the innocence of his client, arguing that the elements of the crime of attempted murder were missing, the unreasonableness of the incident, the maliciousness of the accusation, and its fabrication.

For its part, the Court of First Instance confirmed in the merits of the ruling, that the case papers were devoid of the accused’s intent to kill, and that the external manifestations of the incident do not impose the availability of this intent, even if the accused used a knife, because if he wanted to kill her, he would not have responded to that any deterrent. Which was upheld by the Court of Appeal in turn.

Regarding the accused’s denial before the criminal and appeal courts of committing the crime, the Court of Appeal stated that it is not reassured about his denial, in light of the evidence presented by the Public Prosecution, and sees it as just an attempt to escape punishment, stressing that the verdict of his conviction by the Court of First Instance coincided with the correct law.

On the Public Prosecution's appeal regarding the aggravation of the penalty imposed by the Court of First Instance, the Court of Appeal held that given the circumstances of the incident and the gravity of the act committed by the first accused, it agreed to amend the penalty from one year to two years in prison.

With regard to the second accused, the friend, who covered up the accused and did not report the crime, the Court of First Instance imposed a fine of 5000 dirhams on him, and the Court of Appeal held that the criminal intent was not present in this charge, because the first accused in turn reported it, and ruled that the second accused was acquitted.

• The Court of First Instance amended the description of the charge from attempted murder to assault.

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