This case has been cited 3 times or more.
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2015-01-12 |
PERALTA, J. |
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| Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime."[24] "The fact that there were two persons who attacked the victim does not per se establish that the crime was committed with abuse of superior strength, there being no proof of the relative strength of the aggressors and the victim."[25] The evidence must establish that the assailants purposely sought the advantage, or that they had the deliberate intent to use this advantage.[26] "To take advantage of superior strength means to purposely use excessive force out of proportion to the means of defense available to the person attacked."[27] The appreciation of this aggravating circumstance depends on the age, size, and strength of the parties.[28] | |||||
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2010-08-09 |
DEL CASTILLO, J. |
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| "Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor, assuming a situation of superiority of strength notoriously advantageous for the aggressor selected or taken advantage of by him in the commission of the crime."[20] "The fact that there were two persons who attacked the victim does not per se establish that the crime was committed with abuse of superior strength, there being no proof of the relative strength of the aggressors and the victim."[21] The evidence must establish that the assailants purposely sought the advantage, or that they had the deliberate intent to use this advantage.[22] "To take advantage of superior strength means to purposely use excessive force out of proportion to the means of defense available to the person attacked."[23] The appreciation of this aggravating circumstance depends on the age, size, and strength of the parties.[24] | |||||
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2009-08-14 |
BRION, J. |
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| Abuse of superior strength is present whenever there is a notorious inequality of forces between the victim and the aggressor/s that is plainly and obviously advantageous to the aggressor/s and purposely selected or taken advantage of to facilitate the commission of the crime.[8] Evidence must show that the assailants consciously sought the advantage,[9] or that they had the deliberate intent to use this advantage.[10] To take advantage of superior strength means to purposely use force excessively out of proportion to the means of defense available to the person attacked.[11] The appreciation of this aggravating circumstance depends on the age, size and strength of the parties.[12] | |||||