Man sentenced to 12 years in prison for murdering brother

AMMAN — The Court of Cassation has upheld a May Criminal Court ruling, sentencing a 43-year-old pharmacist to 12 years in prison for murdering his brother following a brawl in an Amman neighbourhood in August 2019.

The Criminal Court first declared the defendant guilty of stabbing his 25-year-old brother to death on August 6 and handed him a 20-year prison term.

However, the court decided to reduce the sentence to 12 years in prison because the victim’s family dropped charges against the defendant.

According to court papers, the victim was a known “trouble-maker and a drug addict”.

On the day of the incident, the court maintained, the victim engaged in a heated argument with some of his neighbours.

When the victim returned home, according to court papers, he “engaged in a heated argument with his parents about his alleged behaviours in the neighbourhood”.

"The defendant also attacked the victim verbally then grabbed a knife and stabbed him repeatedly on different parts of his neck and chest," the court documents said.

The victim fell to the ground and died shortly after the stabbing incident and his family immediately contacted the police, court papers added.

The Criminal Court’s attorney general asked the higher court to uphold the 12-year sentence.

Meanwhile, the defendant contested the verdict through his lawyer, arguing that he “murdered his brother in a moment of rage”.

“My client should benefit from a reduction in penalty because he murdered his brother in the heat of the moment,” the defence argued.

The higher court, however, brushed aside the defence claims stating that “it was also proven to the court that the fit of fury clause is not applicable in this instance because the victim did not commit any dangerous or unlawful act that would force the defendant to kill him”.

“The victim was known to be a troublemaker and a drug addict a long time before the incident and the fit of fury clause is not applicable here,” the Court of Cassation ruled.

Therefore, the higher court maintained, the Criminal Court’s proceedings were accurate and that the defendant was given the appropriate punishment.

The Cassation Court bench comprised judges Mohammad Ibrahim, Bassem Mubeidin, Nayef Samarat, Yassin Abdullat and Hammad Ghzawi.