Upper Austria: Teenager Received 24 Months Partially Suspended for Knife Attack

A 15-year-old girl was sentenced to 24 months in prison on Wednesday for a knife attack on a 20-year-old at the Linz Regional Court, eight months of which are unconditional. The girl was not convicted of attempted murder as charged, but of intentional grievous bodily harm by the jury. Probation assistance was also ordered. The verdict is final.

At the end of June, the accused stabbed a 20-year-old several times in Traun (Linz-Land district) during a dispute over 100 euros. The student confessed to the act but denied any intent to kill. She claimed that her opponent had a knife in her hand first. She knocked it out of the young woman's hand and then "waved around" with her own knife, which she had bought three days earlier and clipped to her waistband.

The medical expert also spoke of injuries that were not severe in themselves, two cuts and two stab wounds. However, due to the "means" used, the knife, there was fundamentally "a potential danger to life" associated with it.

Judge Spoke of "Borderline Case"

"In doubt for the accused," with these words the judge explained why the girl was not convicted of attempted murder. It could not be clearly determined whether the victim also possessed a knife. He spoke of a "borderline case." He also awarded the victim 1,000 euros in compensation for pain and suffering, an amount the accused had already brought to the trial for restitution.

The prosecutor, however, spoke of an attempted murder. After the 15-year-old stabbed with a combat knife, "she seriously considered it possible to inflict fatal injuries," she saw a conditional intent. She also looked back at the accused's "criminal history," which began at the age of twelve. Offenses related to drug abuse, coercion, and robbery did not come to court in 2022 due to the lack of criminal responsibility.

"She carried a knife, that was wrong," the defense attorney also stated. However, it is also a fact that the girl was lured by an adult at night. That later - previously convicted - victim came to the meeting point on the night of the incident with two other adults, aged 20 and 27, to collect drug money, he further explained.

"Don't know what I was thinking at that moment"

The lawyer also spoke about the girl's "terrible past." She is an orphan, came to the streets at the age of eleven, and experienced terrible things. She now lives with her grandmother and "has more or less reintegrated into social life. She never wanted to kill anyone," the defense attorney stated. "I don't know what I was thinking at that moment," his client also said.

The accused reported that she had actually agreed to the meeting that night only for a discussion. Days earlier, she had received drugs from the acquaintance, who now wanted 100 euros for it. But she didn't have the money, she could only return half in the coming days, she reported. This led to a physical altercation. Then the 15-year-old ran home. At home, she told everything and, together with a relative, wanted to go to the police, but they were already at the door. The girl was arrested and taken into custody.

The victim described a different version of the incident. On the night of the incident, she was called by the accused and asked for a meeting. They sat on the park bench, and an argument ensued. "Suddenly I felt blood dripping from my stomach," the 20-year-old recalled. When asked by the judge if she had a knife with her, she shook her head: "No." She was taken to the emergency room by rescue services. She was stitched up, has four scars that she still feels today. She wanted 10,000 euros in compensation from the 15-year-old.

According to the Juvenile Court Act, in cases of murder (attempt) involving defendants under 16, a lay judge court and not a jury court is responsible.

(APA/Red)

This article has been automatically translated, read the original article here.