Facts
The appellant [H.] was convicted by the Cantonal Court of Graubünden for repeated serious violations of traffic regulations as well as violation of the Federal Act on Work in Enterprises to 30 days' imprisonment and a fine of 100 Swiss francs. At the same time, the court ordered that the sentence of 9 months' imprisonment (with a suspended sentence) imposed on [H.] by the District Court of Zurzach on 11 March 1976 for negligent homicide now be executed. [H.] filed a nullity appeal against this judgment. He requested to be acquitted of the overtaking manoeuvres attributed to him and to be punished only for exceeding the permitted maximum speed and for the installation and use of a two-tone horn with a fine of 500 Swiss francs, waiving the execution of the suspended prison sentence of 11 March 1976. Alternatively, he requested that the lower court impose a suspended prison sentence of no more than one month and not declare the previous prison sentence as executable.Considerations
The Federal Court states in its considerations that the Cantonal Court, in assessing the prospects of probation within the meaning of Art. 41 No. 3 para. 2 of the Swiss Criminal Code, may and must also take into account the possible deterrent effect of the new sentence to be executed. A…