Questão jurídica principal
Whether former Art. 64(9) aCP applied to the defendant's age-related mitigation request
Decisão extraída
The defendant could not rely on Art. 64(9) aCP because, although he was 19, he had the capacity to appreciate the unlawfulness of his act.
Fundamentação extraída
The conditions of Art. 64(9) aCP are cumulative. Since the defendant's capacity to appreciate unlawfulness was established and binding, the provision did not apply; nevertheless his age could still be considered within ordinary sentencing.