Man Who Killed Gašper Tič Has Sentence Increased

By , 12 Oct 2018, 12:30 PM News
Gašpar Tič Gašpar Tič Photo: Jože Suhadolnik, taken from from the MGL website, via Wikimedia

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STA, 11 October 2018 - The 22-year-old who stabbed actor Gašper Tič to death at his home in June 2017 has had his sentence increased by a year and a half to ten years by the Higher Court. The sentence is now final. 

Stefan Cakić was found guilty of manslaughter in a state of severely diminished capacity by the Ljubljana District Court in April. He was given eight and a half years in jail.

Cakić did not deny killing the actor, but he claimed that he could not remember fully what was going on at the time of the deed and that he had woken naked in Tič's flat before that with an impression he had been sexually attacked.

Both the defence and the prosecution appealed against the first-instance court's judgement.

Cakić's counsel Gorazd Fišer argued serious procedural violations, including that the court had taken into consideration Cakić's first statement to the police right after the event when a lawyer was not present. The defence argued the judgement should be quashed due to this inadmissible evidence.

Meanwhile, higher state prosecutor Tamara Gregorič called on the Higher Court to increase the sentence to 12 years, arguing that the District Court's sentence was too lenient and unjust.

The prosecutor argued that the District Court misinterpreted some aggravating circumstances such as that Cakić had committed the deed under the influence of alcohol and drugs as mitigating factors. She said that Cakić knew what effect the substances had on him, but he took them anyway.

The prosecutor also objected to the court's taking into account Cakić's youth in his favour, noting that he had served in the Foreign Legion and that he was "a machine trained to kill".

The Higher Court partly admitted the prosecutor's arguments, raising the sentence to ten years. The court fully dismissed the defence's appeal, the Ljubljana District State Prosecutor's Office said.

The Higher Court agreed that the lower court had overrated the mitigating nature of the deed being done under the influence and underrated the aggravating nature of the fact that he was aware of the effect of substance abuse on him.

The higher sentence was also guided by the way the act was committed.

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