Over the course of two months Mr. X (the “Accused”) threatened to kill his wife, Mrs. Y, (the “Aggrieved”) and to blow up the apartment. His actions and verbal assaults caused the Aggrieved to fear that he would carry out his threats. The Aggrieved and other witnesses attested to the Accused’s violent behavior. The Accused had previously been found guilty of similar violent acts for which the court had imposed a conditional sentence. The Aggrieved alleged that since the Accused was released from custody, his behavior had not changed and that he still had been insulting and threatening her. Other witness statements supported these accusations. According to an expert opinion, the Accused was emotionally unstable and in terms of his patriarchal understanding of the head of family, the Accused behaved towards the Aggrieved dominantly and without respect. The court found the Accused guilty of the criminal offence of violence against an individual or group of individuals pursuant to Section 197a of the former Criminal Code and imposed a sentence of imprisonment for 1 year.
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