Facts
The appellant, [A.] , was found guilty by the High Court of the Canton of Aargau of multiple possession of animal pornography for personal consumption, distribution of animal pornography, and possession of violent depictions. The lower court sentenced him to a conditional fine and a default fine.
The appellant had in his possession on his mobile phone three videos with content relevant to criminal law. One video showed a young man engaging in sexual intercourse with a donkey, a second video showed a boy inserting his genitals into a chicken's rectum, and the third video showed a man being shot by two people on the open street.
The appellant requested in his appeal in criminal matters that the judgment of the High Court be overturned and that he be fully acquitted of the charges of procurement, possession, display, and making available of violent depictions, as well as multiple procurement, multiple possession, and consumption of animal pornography, and distribution of animal pornographic products.
Considerations
The Federal Court examined the appellant's appeal and came to the conclusion that the lower court had not obviously incorrectly established the facts and that the lower court had not violated federal law.
The Federal Court found that the videos possessed by the appellant were to be qualified as hardcore pornography within the meaning of Art. 197 para. 4 and 5 SCC, as they contained sexual acts with animals and the appellant had possessed these videos for personal consumption.
The Federal Court also found that the third video, which showed a violent depiction, was to be qualified as a…