Facts
On the evening of May 3, 1980, the appellant K. first stayed in a restaurant in Gossau and then in the A. restaurant in Herisau, where he consumed an unspecified amount of alcoholic beverages. After taking a taxi to St. Gallen around 1 a.m. and saying goodbye to his girlfriend, he ordered another taxi and returned to the A. restaurant in Herisau around 1:40 a.m. Since the establishment was now closed and no one opened the door when he knocked, he went to the nearby B. restaurant, which was also closed. At the rear of the building, he broke a window, entered the house, and went upstairs to the second floor, where he opened a door and turned on the light. The room he entered was the bedroom of the 80-year-old innkeeper Z., who lived alone in the house. K. demanded that Z. give him money, threatening to beat him up if he refused. After a brief scuffle between the two, Z. managed to flee the room. While Z. called for help outside, K. was able to escape unnoticed.
The cantonal courts qualified this act as a completed attempted robbery, property damage, and trespass, and sentenced K. to 18 months' unconditional imprisonment for this and various other offenses.
Considerations
The appellant K. claims that he was not criminally responsible or at least had diminished criminal responsibility due to the alcohol he had consumed prior to the act. However, the Federal Court dismisses the appeal.
The Federal Court states that not every temporary disinhibition or stupefaction caused by alcohol or drug consumption is sufficient to reduce criminal responsibility. The decisive factor is whether the perpetrator's ability to recognize the unlawfulness of his…