OGH has decided – Leonie case: murder sentences are now final

There were emotional days of hearings in Vienna’s regional court before the jury ruled on the death of the 13-year-old and held three Afghans responsible. The first defendant (24), Leonie, is said to have mixed at least six ecstasy tablets – more precisely MDA – into the drink. A lethal dose. One after the other, the young men raped the defenseless girl.

Drugged, raped and leaned dead against a tree
She eventually died of the overdose. On the morning of June 25, 2021, the Afghans simply laid the body on a strip of grass leaning against a tree. Prosecutors charge the three men with fatal rape and sexual abuse of minors. In particular, the representatives of the private parties, Johannes Öhlböck and Florian Höllwarth, demanded an indictment of murder from the start.

Leonie’s agonizing death was murder
The jury eventually granted the request and sentenced the first defendant to life imprisonment for murder and rape. The second defendant, 19, is serving the maximum sentence of 20 years in prison for negligent homicide and rape. For the same facts, the innocent third suspect (20) must go to prison for 19 years.

Until the end, the suspects have maintained that they had consensual sexual intercourse with the 13-year-old. After that, they slept and did not notice the girl’s death until they woke up – which they do not want to blame. So all three appealed. Although the 19-year-old second defendant accepted the verdict on the last day of the hearing.

However, such waiver in the main hearing is binding. For example, it was already dismissed in the run-up to the public law day at the Supreme Court. The 20-year prison sentence is thus legally binding.

Public court day at the OGH
The Supreme Court is now hearing the outstanding appeal of the first and third defendant. And that in public, which according to the defenders of the two Afghans Wolfgang Haas, Andreas Schweitzer and Sebastian Lesigang is quite special.

Both defense lawyers appealed, namely shortening the detention period. “In my opinion, the intention for the girl to die was not very pronounced,” Wolfgang Haas told the five-member senate, calling for his client’s life sentence to be shortened. He also filed a nullity complaint. The Attorney General strongly opposes this.

Sebastian Lesigang says on behalf of the third defendant about the 19-year prison sentence: “The sentence was just short of the maximum term. But he has the most extenuating reasons.” The 20-year-old was innocent and would have tried to help the girl. Also: “He was friends with Leonie.”

Murder sentences are final
Family victim representatives Johannes Öhlböck and Florian Höllwarth ask the Senate of the Supreme Court to reject both the criminal appeals and the annulment appeal. This request will be honored after a short consultation period. The verdicts are therefore final.

“The starting point for the assessment of the punishment is the guilt of the perpetrators,” explains the chairman. And in this case: “The victim, a 13-year-old girl, was downright degraded. The victim was given so much drugs that she was defenseless and then raped by three men.”

“Even and such a high degree of guilt has hardly been encountered!”
Even when given the chance to call for help, they didn’t. “The 13-year-old girl was still treated like a thing. It was taken and laid out as an object.” The president of the court closed the day of the public hearing with the words: “Even we have rarely encountered such a high level of debt!”