Facts
The appellant [X.A.] was found guilty of attempted grievous bodily harm (Art. 122 para. 1 to 3 in conjunction with Art. 22 para. 1 Swiss Criminal Code) by the High Court of the Canton of Zurich on 25 November 2010. On 17 June 2009, he had attacked [Y.] near the Zurich main station together with his brother [X.B.] . [X.B.] initially struck [Y.] twice in the face with his fist, causing him a concussion, the loss of two teeth, a laceration on the lower lip, and a bruise on the right elbow. As [Y.] fled, [X.A.] ran after his brother and [Y.] and deliberately and intentionally kicked the head and face area of the half-lying [Y.] . He also witnessed his brother pulling an iron pipe from the barrier and striking towards [Y.] 's head or neck. [X.A.] participated in this attack by further kicking [Y.] and thus preventing his escape and enabling further strikes with the iron bar.
Considerations
The Federal Supreme Court considers the conviction for attempted grievous bodily harm to be lawful. The High Court rightly assumed joint perpetration by the appellant. He perceived the…