Facts
The appellant, a Congolese national, was convicted of endangering life, simple bodily harm, and assault. The lower court found him guilty of endangering life because he had strangled his life partner and put her in danger of death. The appellant was sentenced to an unconditional prison term of 36 months and an expulsion from the country for 5 years.
The lower court established that the appellant had physically attacked his life partner on July 27, 2018, and October 8, 2018, and put her in danger of death. The appellant was acquitted of the charges of threat and unlawful detention.
The appellant lodged an appeal and requested that the judgment of the lower court be set aside and that he be acquitted of the charge of endangering life. He also requested that the expulsion from the country be set aside.
Considerations
1. Endangering Life
The lower court found that the appellant had put his life partner in danger of death by strangling her and putting her in a state of respiratory distress and dizziness. The lower court relied on the statements of the life partner and the expert findings, which confirmed a hypoxia-induced cerebral dysfunction.
2. Subjective Element
The lower court found that the appellant had acted ruthlessly by putting his life partner in danger of death in order to enforce his demand for the disclosure of a name. The lower court relied on the fact that the appellant had acted in a fit of rage and had lost control of himself.
3. Expulsion from the Country
The lower court found that the expulsion from the country was justified because the appellant posed a threat to public…