Prison sentence and TBS for manslaughter in Ypenburg

According to the court, the defendant committed manslaughter by stabbing the victim to death. During a struggle near the door of the victims home, the defendant stabbed the victim in his neck and chest among other places. The victim suffered a total of 46 stab and cut wounds and died at the scene from his injuries.

Contrary to the court of first instance and the Public Prosecution Service, the court of appeal does not find that the defendant acted with premeditation. The court sees indications to the contrary and assumes the defendant acted impulsively. Additionally, the defendant is convicted of theft. After stabbing the victim, the defendant stole a wallet with contents from the victims home.

Behavioral experts state that the defendant suffers from antisocial personality disorder with narcissistic traits. The court sees a connection between this personality disorder and his behavior and finds the defendant partially diminished in accountability. Without treatment, the chance of recurrence is high and therefore the court imposes TBS with compulsory treatment alongside the prison sentence.

The court of first instance previously imposed a prison sentence of 20 years. At that time, the court did not find diminished accountability nor impose TBS with compulsory treatment. Both the defendant and the Public Prosecution Service appealed. The Public Prosecution Service demanded 14 years imprisonment and TBS with compulsory treatment on appeal. The court of appeal imposes a lower sentence, partly due to the diminished accountability and exceeding the reasonable time limit within which a criminal case must be handled.

The defendant must also pay damages to the victims next of kin totaling over €75,000.