Conviction for attempted aggravated assault and expulsion from the country

Facts

The High Court of the Canton of Zurich convicted the appellant, a national of Eritrea born in 1996, of attempted aggravated assault and sentenced him to a partially suspended custodial sentence of 36 months. Furthermore, he was expelled from the country for 8 years pursuant to Art. 66a of the Swiss Criminal Code. The appellant appealed against this judgment to the Swiss Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the appeal, insofar as it was admissible. It concluded that the lower court was right to assume a (no more than) substantial diminishment of the appellant's criminal responsibility due to his intoxication. Despite a blood alcohol level of over 3 per mille, the appellant showed a clear overview of the situation, differentiated actions, and intact motor skills during the offense. Therefore, the lower court was entitled to dispense with an assessment pursuant to Art. 20 of the Swiss Criminal Code.

Furthermore, the Federal Supreme Court confirmed that the lower court's assessment of the witness statements was not arbitrary. The rejection…