Facts
The 78-year-old appellant [X.] was convicted at night on 17-18 March 2003 for a violent offence. As the last guest, he had left the premises, struck the 78-year-old [A.] on the back of the head, dragged her into the basement, torn off her clothes and attempted to rape her. In doing so, he inflicted several injuries on her. According to a psychiatric assessment, [X.] 's capacity for insight at the time of the offence was suspended due to an alcohol-induced state of confusion. He had consumed 5 packs of beer and a bottle of Raki and had a blood alcohol concentration of at least 1.6 and a maximum of 3.14 per mille.
The High Court of the Canton of Zurich found [X.] guilty in the second instance of committing an act in self-induced incapacity (Art. 263 para. 1 and 2 SCC) as well as various road traffic offences and sentenced him to 8 months' imprisonment. It ordered an outpatient measure within the meaning of Art. 44 no. 1 para. 1 SCC.
Considerations
The Federal Supreme Court dismissed [X.] 's nullity appeal. It concluded that [X.] had intentionally and thus self-inflictedly brought about his intoxication. Although he was diagnosed with alcohol dependence, his mental capacity with regard to drinking behaviour was only very significantly diminished, but not completely suspended. It was only with increasing alcohol consumption that he fell into an alcohol-induced state of confusion, which deprived him of his capacity for insight…