This case has been cited 1 times or more.
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2011-03-16 |
VELASCO JR., J. |
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| The aggravating circumstance of taking advantage of superior strength is considered whenever there is notorious inequality of forces between the victim and the aggressors that is plainly and obviously advantageous to the aggressors and purposely selected or taken advantage of to facilitate the commission of the crime.[53] It is taken into account whenever the aggressor purposely used excessive force that is "out of proportion to the means of defense available to the person attacked."[54] The victim need not be completely defenseless in order for the said aggravating circumstance to be appreciated.[55] As this Court held in People v. Amodia:[56] | |||||