Facts
On the night of May 26 to 27, 1996, [B.] waited in his car in the parking lot in front of his wife's business premises in Zurich to track down the suspected "tire slasher". Around 0:50 a.m., he noticed [A.] walking past the car, crouching down and making a stabbing motion. [B.] then grabbed [A.] from behind in a chokehold. [A.] struck [B.] on the head with a short iron bar. [A.] then ran away, but was caught up again by [B.] . [A.] turned around and fired two shots from a revolver in the direction of [B.] from a distance of about two meters. Further shots were fired, and a physical altercation ensued until other persons arrived. [B.] suffered a gunshot wound to the abdomen and hearing damage, while [A.] sustained minor injuries and a concussion.Considerations
The Federal Court concludes that [A.] fulfilled the elements of the offence of Endangering Life under Art. 129 SCC. Although [B.] was unlawfully attacked by the victim, [A.] exceeded the limits of self-defence with the multiple shots fired at close range. [A.] 's behaviour was ruthless, as the danger he caused to [B.] 's life was very high and he had no other means of defence left. Nor is there an excusable emotional state within the meaning of Art. 33(2) SCC, as [A.] , as a gun owner, had a special…