Attempted murder of two people with grenades: appellate court upheld 15-year sentence

The Kherson Appellate Court reviewed the appeal in the criminal case concerning a man whom the court of first instance found guilty of completed attempted intentional murder of two or more persons by a method dangerous to the lives of many people, as well as illegal handling of weapons and ammunition. The court announced the results of the review.

Case summary No. 766/10736/23

According to the first instance court verdict, the person was convicted under Part 2 of Article 15, subparagraphs 1 and 5 of Part 2 of Article 115, and Part 1 of Article 263 of the Criminal Code of Ukraine. The final punishment for the combination of crimes under Part 1 of Article 70 of the Criminal Code of Ukraine was set at 15 years of imprisonment.

The court established that after a conflict with the victims, the accused returned to their location and threw two combat anti-personnel defensive fragmentation hand grenades F-1 in their direction. As a result of the explosions, the victims sustained bodily injuries of varying severity, including one who suffered serious life-threatening injuries.

In the appeal, the accused requested to change the verdict in terms of qualification and to reclassify his actions from attempted intentional murder to intentional grievous bodily harm under Part 1 of Article 121 of the Criminal Code of Ukraine. He claimed he had no intent to kill the victims but only wanted to scare them. The accused also requested the application of Article 75 of the Criminal Code of Ukraine and to be released from serving the sentence with probation.

Appellate court decision

The appellate court noted that to establish intent to kill, all circumstances of the event must be assessed: the method of committing the crime, the weapon used, the number and nature of actions, the behavior of the person before and after the event, as well as the reasons why the victims did not die.

The panel of judges concluded that the use of two combat grenades in a place where several people were present indicates the accused’s awareness of the real danger to the lives of the victims and others. At the same time, the accused performed all actions he considered necessary to complete the crime, but the victims' deaths did not occur due to reasons beyond his control.

These circumstances, according to the appellate court, confirm the correctness of qualifying the actions under Part 2 of Article 15, subparagraphs 1 and 5 of Part 2 of Article 115 of the Criminal Code of Ukraine—as completed attempted intentional murder of two or more persons committed by a method dangerous to the lives of many people.

The court found the arguments for reclassification under Part 1 of Article 121 of the Criminal Code of Ukraine unfounded. The appellate court stated that the factual circumstances of the case indicate not only the infliction of bodily injuries but also the intent specifically aimed at depriving several persons of life.

Separately, the appellate court reviewed arguments regarding the severity of the punishment. The court proceeded from the provisions of Articles 50 and 65 of the Criminal Code of Ukraine, according to which punishment must be necessary and sufficient for correcting the person and preventing new criminal offenses, as well as correspond to the severity of the crime, the personality of the offender, and the circumstances of the criminal proceedings.

The court also rejected the accused’s reference to Part 3 of Article 68 of the Criminal Code of Ukraine. The appellate court took into account the legal position of the United Chamber of the Cassation Criminal Court of the Supreme Court dated 02.12.2019 in case No. 664/425/16, according to which when imposing punishment for an attempted crime, the sanction of which alternatively provides for life imprisonment, the rules of Part 3 of Article 68 of the Criminal Code of Ukraine do not apply. In such cases, the rules of Part 4 of Article 68 of the Criminal Code of Ukraine apply.

As a result of the appellate review, the court concluded that the verdict is lawful, substantiated, and motivated, and the imposed punishment is fair and commensurate with the nature of the committed acts.

The Kherson Appellate Court dismissed the accused’s appeal. The verdict of the Kherson City Court of Kherson Region remains unchanged.

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