Facts
On 12 April 1974, [W.] and [M.], aged 23, attacked several people in Olten, including [K.], [B.], and [S.], by hitting and injuring them. The two men were convicted by the Solothurn court for simple theft, endangering life, and disturbing public traffic. The public prosecutor appealed, requesting that the defendants be convicted of attempted murder and bodily harm.
The facts took place on 12 April 1974, when [W.] and [M.] met [K.] and assaulted him, hitting him and throwing him into the Aare river. [K.] managed to grab onto a root and get out of the water, but suffered serious injuries. The defendants also attacked [B.] and [S.], hitting and injuring them.
Considerations
The Federal Court examined the elements of the offense of attempted murder and considered that the defendants had acted with eventual intent, as they were aware of the possibility that [K.] could die by being thrown into the river. The Court also considered that the defendants had violated Article 123, ch. 1, al. 1, of the SCC, by inflicting bodily harm on [B.] and S.
The Court estimated that the defendants had acted with criminal intent, as they had sought to obtain money and satisfy their thirst for violence. The Court also considered that the…