Facts
The case concerns a driver who, due to failure to adapt his speed to the circumstances, caused, through negligence, the death of his best friend. The individual also committed other offenses during the same trip, including driving under the influence of marijuana, without wearing a seatbelt and with tires having an insufficient profile.
The court of first instance waived punishment of the individual under article 54 SCC for the offenses of negligent homicide, negligent driving in a state of incapacity, driving an unsafe vehicle and violation of the Road Traffic Act.
The cantonal court confirmed this decision, but convicted the individual for the offenses of negligent driving in a state of incapacity and violation of the Narcotics Act.
The public prosecutor of the canton of Zurich appealed against this decision, requesting the annulment of the judgment and the referral of the case to the cantonal court for a new decision.
Considerations
The decision of the federal court is based on the interpretation of article 54 SCC, which allows for waiver of a penalty if the offender has been sufficiently punished by the consequences of his act.
The federal court considered that only the offense whose consequences directly affected the author is relevant for the…