The Public Prosecution Service (OM) demands 12 years of imprisonment and TBS against a 38-year-old man from Amsterdam. He is suspected of manslaughter of a woman in her own home in Huizen. The suspect allegedly smothered the victim. According to the OM, the suspect then fled with her mobile phone, television, car, bank card, and ANWB card. He also allegedly attempted to withdraw money using her bank card.
The police investigation began when the suspect reported to the police in s-Hertogenbosch on August 25, 2023. He told the police that he had been involved in a struggle with the victim earlier that day and that she had ended up on the ground. “I think she is now dead,” he stated. When the police arrived, it was confirmed that the woman had indeed passed away.
Evidence
Investigations show that the suspect was released two days prior to the incident after serving a 3-year prison sentence for robbery in Huizen. The man claims that he was allowed to stay with the victim as a temporary arrangement leading to assisted living. On the fatal day, a conflict allegedly arose between the suspect and the victim. According to the suspect, the woman threatened him with a knife. A struggle ensued, resulting in the victim ultimately ending up lifeless on the ground. Investigations into the victims body indicated that there was no natural cause of death. The most likely cause of death was suffocation due to smothering, but strangulation cannot be entirely ruled out.
Advantage
According to the OM, the suspect took the victim in a choke or hold until she was no longer alive. “The suspect decided at that moment not to call for help but to take advantage of the victim by appropriating her belongings and money,” states the prosecutor. The OM argues that the suspect took the victims car, along with her phone, television, bank card, and ANWB card. He then drove to an ATM nearby and attempted to withdraw money multiple times using her bank card. Afterwards, he allegedly sold the victims phone in Hilversum to buy a snack and a milkshake. Only after this did the suspect decide to report to the police.
Intent involves knowing and willing
Restricting the airways can lead to death. The OM claims the suspect was aware of this fact. He stated in his testimony that he recognized the risk that the victim could suffocate the way he held her. The OM believes that despite this knowledge, the suspect continued his actions and was responsible for the victims death. Her death was a result of his actions.
Sentence demand
When determining the sentence demand, consideration is given to the personal situation of the suspect. He has a serious personality disorder. This personality disorder is believed to have played a role in the conflict with the victim. Despite the suspects personal situation, he has taken away the most fundamental right the victim had, namely the right to life. Therefore, the OM demands a prison sentence of 12 years against the 38-year-old suspect, from which the time spent in pre-trial detention, 18 months, will be deducted. Based on expert advice, the OM also demands TBS with compulsory treatment.