Cassation Court overturns misdemeanour charge in murder case

AMMAN — The Cassation Court has overturned an October Criminal Court decision sentencing a man to one year in prison after convicting him of murdering his brother in December 2017.

The Criminal Court handed the defendant the reduced sentence after determining that he killed his brother by beating him on his head with a wooden stick on December 16. The victim died almost two weeks later from the injuries he sustained to his head.

The tribunal also amended the manslaughter charges to a misdemeanour when issuing the sentence "because the defendant committed the murder in a moment of rage to defend himself".

However, the Court of Cassation ruled that the defendant's charge should be beating to death and not a misdemeanour and returned the case file to the Criminal Court for further action. 

"It was proven from the case that the victim did not commit any act that could be dangerous or unlawful, and therefore, the defendant should receive a higher punishment," court papers said.

Court documents said on the day of the incident the victim's mother contacted the defendant to inform him that she had had a fight with her son.

The defendant returned home and found his brother drunk and engaged in a heated argument with him, according to court papers.

“The defendant beat up the victim with a wooden stick and left,” court papers said.

The victim was rushed by his family to a nearby hospital but he went into coma and died on September 30, court papers added.

The Cassation Court tribunal comprised judges Mohammad Ibrahim, Yassin Abdullat, Saeed Mugheid, Naji Zu’bi and Majid Azab.