ABSTRACT

The essential component of alevosia is manifest in aggressive behaviors that objectively aim to eliminate any possibility of defense, to the extent that it ensures commission of the act without any risk, as opposed to mere abuse, which only tends to weaken any attempt at defense that is made. The injuries inflicted on the victim are numerous and manifold. Many of them are haphazard, causing unnecessary pain and suffering for the victim. Assailant: 34-year-old male of South American origin, whose private expert report diagnosed him as having acute, transient and brief psychotic disorder at the exact moment that he decapitated his youngest daughter, aged 18 months. The assailant referred to his daughter as “the devil” and indicated that he had to kill her. Initial remarks: As with the previous cases, it is initially impossible to determine the mental state of the subject at the time of committing the crime and on seeing the resulting body.