Facts
The appellant [X.] was convicted by the Jury Court of the Canton of Zurich of attempted intentional homicide (Art. 111 SCC in conjunction with Art. 22 para. 1 SCC) and sentenced to a prison term of six years. The appellant had stabbed [Y.] with a pocket knife in a park in Zurich on September 9, 2006, after [Y.] had attacked him with a construction lamp and a Molotov cocktail. The appellant did not aim the knife at [Y.] 's heart, but instead stabbed randomly into his chest. [Y.] suffered a stab wound and an injury to the pericardium, but was not in danger of death.
The appellant lodged a complaint with the requests that he be acquitted of guilt and punishment. Alternatively, he should be convicted of committing an act in self-inflicted incapacity (Art. 263 SCC) and punished accordingly. Alternatively, he should be convicted of (conditionally) intentional bodily harm in excess of self-defense and punished accordingly. Alternatively, he should be convicted of attempted conditional intentional manslaughter in excess of self-defense and punished accordingly. Alternatively, he should be convicted of attempted conditional intentional homicide in excess of self-defense and punished more leniently. Alternatively, the case should be remanded to the lower court for retrial and resentencing.
Considerations
The Federal Court affirmed the conditional intent of the appellant, as he had accepted the death of [Y.] with his actions. The breach of duty of care by the appellant is not minor, and in the case of a knife stab in the chest area, the risk of realization of the offense, i.e. the death of the victim, is also to be classified as high even with a relatively short blade.
The Federal Court also affirmed the excess of self-defense, as the appellant had acted disproportionately by using his pocket…