Facts
The appellant, a truck driver, overtook a cyclist on the Seminarstrasse in Baden on July 11, 2017, who was riding on the bike lane. The cyclist fell and suffered serious injuries. The appellant was convicted by the President of the District Court of Baden for negligent serious bodily injury and sentenced to a conditional fine and a penalty. The High Court of the Canton of Aargau upheld the judgment on appeal by the appellant.
The appellant requested the Federal Court to overturn the judgment and acquit him of the charge of negligent serious bodily injury. He argued that the lower court had wrongly conducted the written appeal proceedings and that the assessment of the evidence was arbitrary.
Considerations
1. Admissibility of written appeal proceedings
The Federal Court examined whether the written appeal proceedings were admissible. It found that the appellant had tacitly consented to the written proceedings by not responding to the lower court's ruling and submitting a written appeal brief. The lower court had examined the requirements for the written proceedings and found that the appellant's presence was not required and that it was a matter of relatively minor importance.
2. Assessment of evidence
The Federal Court examined the lower court's assessment of evidence and found that it was not arbitrary. The lower court had evaluated the witness statements and the appellant's statements and found that the appellant had overtaken the cyclist with insufficient distance. The lower court had also found that the appellant could have recognized the cyclist with…