Facts
The case concerns a juvenile named [X.] , who on May 22, 2009 in Suhr (AG) struck [B.] in the head with a skateboard. [B.] suffered a severe traumatic brain injury with fractures and had to undergo multiple surgeries. The Juvenile Court of Aarau sentenced [X.] to two years of unconditional imprisonment for aggravated bodily harm. [X.] appealed this judgment, which the High Court of the Canton of Aargau dismissed on June 30, 2011.
[X.] then filed a criminal complaint with the Federal Supreme Court. He requested that the High Court's judgment be overturned and that he be convicted of attempted aggravated bodily harm. Alternatively, the case should be remanded to the lower instance.
Considerations
The Federal Supreme Court dismissed the complaint. It confirmed the conviction of [X.] for aggravated bodily harm under Art. 122 para. 1 of the Swiss Criminal Code. The lower instance had rightly affirmed the requirements of this provision, as the victim's injuries had led to a state in which the possibility of death had become a serious and urgent probability.
The assumption of particular callousness within the meaning of Art. 25 para. 2 lit. b of…