Facts
On 1 July 2002, two aircraft collided in the airspace near Überlingen/Germany, causing the death of all 71 passengers, including the wife and two children of X. (the appellant). On 24 February 2004, X. killed air traffic controller A. with several knife wounds, whom he held responsible for the death of his family.
The Cantonal Court of the Canton of Zurich found X. guilty of intentional homicide (Art. 111 SCC) and sentenced him to 8 years of imprisonment, taking into account a moderate to high degree of diminished capacity of discernment. The Cantonal Court of Cassation of the Canton of Zurich partially upheld X.'s appeal and remanded the case to the lower court for a new decision on the sentence. The Cantonal Court ultimately sentenced X. to 5 1/4 years of imprisonment, taking into account a high degree of diminished capacity of discernment.
Considerations
According to the case law of the FSCA, the diminished capacity of discernment must be taken into account in its full extent when determining the sentence, regardless of the objective gravity of the act. Only particular circumstances may justify not reducing the sentence to the same extent as the diminished capacity of discernment.
In the present case, the…