Conviction for serious bodily harm, negligent simple bodily harm and offense against the WA

Facts

The appellant [X.] was convicted by the High Court of the Canton of Zurich for serious bodily harm, negligent simple bodily harm and offense against the WA. The conviction is based on three different incidents: On January 7, 2006, [X.] seriously injured [A.] by throwing a beer mug at his head and subsequently kicking him. On May 31, 2008, [X.] negligently injured [B.] by hitting and pushing him, causing [B.] to fall over a wall and injure himself. On November 12, 2005, [X.] carried an electric shock device on him, although he was not authorized to carry a weapon.

The High Court sentenced [X.] to a prison term of 4 years and 3 months and ordered him to pay damages and compensation to the victims. [X.] appealed against the judgment and the decision of the Court of Cassation, which dismissed his cantonal appeal.

Considerations

The SCC examined the appeal and came to the conclusion that the conviction for serious bodily harm, negligent simple bodily harm and offense against the WA is consistent with federal law. The court found that the factual findings of the High Court are not arbitrary and that the conviction for intentional serious bodily harm was justified.

The SCC also dismissed the complaint of violation of the right to be heard, as the Court of Cassation had addressed all the appellant's complaints. The conviction for negligent bodily harm was confirmed as consistent with federal law, as the High Court had thoroughly…