With a shotgun shot the 69-year-old man to death, the two brothers, 21 and 24 years old.
the district Court sentenced him to four years in prison for manslaughter.
today downgraded the court of appeal the penalty to two years in prison.
– He reacted with mixed feelings, ” says the man’s lawyer Lars Kruse.
It was late in the evening, 14 October, 2015. The now 69-year-old man arrived home at 22.45 in the evening. Only minutes later, he called a desperate 112.
– They smash my window here at my house, ” said 69-year-old.
Shortly after the call, fell the shoots. The 69-year-old man had gone to his vapenskåp, produced a shotgun and fired two shots at the men, the two brothers, who was on his patio.
Armed with iron pipes and knife
the Brothers were armed with iron pipes and a knife, and the man claimed in the interrogation that he feared for his life.
According to the prosecutor, the inquiry showed that there was a felonious assault on the 69-year-old.
– However, it is, in our opinion, the case of a ansvarsbefriande self-defense, ” said prosecutor Kerstin Eriksson.
Man charged with murder in two cases. In the summer, judged the Helsingborg district court the man for two cases of manslaughter to four years in prison.
the district Court noted in its judgment that the 68-year-old man was in a nödvärnssituation when he fired the shots, but that "the violence which the man used gone above and beyond what has been permitted by nödvärnsrätten".
the Right meant that the loss would not have been so fast that the man lacked time for reflection:
"Because there was no question of a direct konfrontationssituation, has the threat from the attackers has not been so acute. The man’s actions, despite the fear has been controlled and deliberate. The district court therefore concluded that there was no question of nödvärnsexcess".
But the judgment was appealed and today, the Court of appeal over Skåne and Blekinge in its judgment.
It was a reduction to two years in prison.
"life threatening attack"
the Court of appeal believes that the 69-year-old was the victim of a life-threatening attack, that he acted in self-defence and had the right to use deadly force.
But the threat against the 69-year-old, however, was not so acute, in skottögonblicken, that his actions can be straffritt. The brothers were on the other side of the locked door. They stood still and did nothing with the door when he chose to shoot. Despite the fact that the 69-year-old was in a very difficult situation, he must have had the opportunity to, for example, the first cry or show that he was armed, to shoot a warning shot or shoot at the less vital parts, write the court of appeal in a press release.
– in Order to straffritt shall be allowed to use deadly force in a nödvärnssituation required there is no option to repel the attack, ” says hovrättspresidenten Lennart Svensäter in a comment.
the Right believes that such alternatives existed. And that the violence was thus "manifestly indefensible."
– At the sentencing takes the court of appeal into account that the 69-year-old absolutely no fault of their own been declared in the current situation, and that he had no other purpose with his actions, than to repel the attacks made against him, ” says Lennart Svensäter.
Therefore, and taking into account the man’s age, stops the court of appeal’s punishment at two years in prison.
The 69-year-old man was defended in court by lawyer Lars Kruse.
– the Judgement is a step in the right direction, but we had hoped for an acquittal.
He says that he had spoken with his client, and describes his reaction as "mixed feelings".
– We will now analyze and discuss a possible appeal to the Supreme court.
An emergency situation in which it is permitted to use methods that in other modes is forbidden, to use certain force to defend yourself or someone else, or hold a burglar until the police come.
An emergency situation in which a person certainly have used more violence in a situation than what is allowed, but where the circumstances have been such that he or she could not easily have been able to come to their senses.