Facts
The appellant [X.] was convicted by the District Court of Brugg and the High Court of the Canton of Aargau for various criminal offenses, including attempted grievous bodily harm, criminal preparatory acts for robbery, and other offenses. The High Court imposed a total custodial sentence of seven years.
[X.] filed a criminal appeal against the judgment of the High Court. He requested that the sentence be reduced to two years' imprisonment and a fine of CHF 300.
Considerations
The Federal Supreme Court set aside the judgment of the High Court and remanded the case for a new decision. It justified this as follows:
- The lower court did not sufficiently consider the mitigating circumstance under Art. 22 para. 1 of the Swiss Criminal Code (StGB) when determining the sentence for the attempted grievous bodily harm.
- The lower court improperly counted the appellant's prior convictions twice, both in determining the individual sentence and in calculating the overall…