Mr. K. Canatan

7 November 2023

Case number 21/05236

The defendant's right to the last word

Judgment quashed and case referred back

A detainee had been convicted of attempted grievous bodily harm against a member of staff of the penitentiary institution. The record of the hearing before the court of appeal did not show that the defendant had again been given the last word after the reply of the Advocate General and the rejoinder of his counsel. That is a statutory requirement on pain of nullity. The Supreme Court upheld the complaint and referred the case back to the court of appeal.

The judgment shows how strictly the Supreme Court safeguards the defendant's right to speak last.

Full judgment on rechtspraak.nl

25 June 2019

Case number 17/05343

Adjournment requested by counsel without authority

Judgment quashed and case referred back

The defendant was absent from the appeal hearing; his counsel, who had no authority to represent him, requested an adjournment. The court of appeal refused because the defendant had not himself requested a postponement and had not authorised his lawyer. The Supreme Court reiterated that counsel without authority may also request an adjournment, precisely in order to protect the right to be present, and referred the case back.

Clarifies the rules on adjournment requests and the right of an absent defendant to be present.

Full judgment on rechtspraak.nl

23 January 2018

Case number 15/03982

Intent in aiding and abetting attempted murder

Fully reasoned decision and reduction of sentence

The defendant had been convicted of supplying information used in inciting an attempted murder. The central question in cassation was what precisely his intent had to be directed at. The Supreme Court gave a fully reasoned decision on the requirements for proving that intent and upheld the court of appeal's assessment, but reduced the prison sentence because the reasonable time had been exceeded.

A substantive, guiding decision on the scope of intent in aiding and abetting.

Full judgment on rechtspraak.nl