Facts
On 21 March 2004, a street race took place between [X.] and [A.] on the A1 highway. [X.] was sentenced to six months' imprisonment by the High Court of the Canton of Bern for endangerment of life and serious traffic rule violations. [X.] filed a federal appeal and requested the annulment of the judgment.
The Federal Court had to examine whether the lower court had correctly applied federal law. The appeal can only be based on the fact that the contested decision violates federal law.
Considerations
The Federal Court examined the objective elements of Art. 129 SCC and came to the conclusion that the lower court had rightly found the appellant guilty of endangering life. The appellant had created a situation through his risky driving maneuvers in which, according to the normal course of events, the probability or near possibility of a fatal accident existed.
The Federal Court also examined the subjective elements of Art. 129 SCC and came to the conclusion that the appellant had acted with direct intent to endanger. The appellant had given greater weight to his goals than to the risks to his own and others' safety.
The Federal Court also examined the serious traffic rule…