Facts
On 22 August 1991, F. drove his vehicle at a speed of at least 80 km/h on the Kasernenstrasse in Bülach, where the maximum permitted speed is 50 km/h. He did not see the vehicle of G. coming in the opposite direction and wanting to turn left into a parking lot. Due to his excessive speed, F. was unable to stop in time and violently collided with G.'s vehicle, who suffered serious injuries. Both vehicles were damaged.
The court of first instance convicted F. of serious violation of traffic rules and sentenced him to a fine of 800 francs, suspended for one year. The appeal court of the canton of Zurich upheld this judgment. The public prosecutor of the canton of Zurich lodged a nullity appeal against this judgment, requesting its annulment and the referral of the case to the lower court.
Considerations
The Federal Court examined whether the sentence imposed on F. was appropriate. It considered that the criteria applicable to the choice of sentence are the same as those that determine its measure, and that the opportunity for a specific sanction plays an important role. The Court also considered that the civil consequences of the offense may be taken into account when determining the sentence.
The Court examined the arguments of the public prosecutor, who argued that the sentence imposed on F. was too lenient and that the appeal court had violated its discretion. The Court considered that the appeal court had correctly assessed the severity of the offense and F.'s personal circumstances, and that it had chosen an appropriate sentence based on these criteria.
The Court…