Facts
On January 7, 1977, a physical conflict broke out between farmers in a dairy at Huttwil. The president of the dairy, Sch., was involved in an altercation with J. F. and his brother F. F. The case was brought before the court, which convicted Sch. for participation in a physical conflict (brawl) and for simple assault and battery.
The facts began with a verbal altercation between J. F. and H.-R. B. about a right of way. Sch. intervened, accusing J. F. of spreading rumors about him. J. F. tried to leave, but Sch. hit him and pushed him onto a ramp. J. F. got up and retaliated with a stick, but Sch. hit him again, this time making him fall onto the road.
The F. brothers then attacked Sch. in the dairy, making him fall to the ground. H.-R. B. tried to separate the fighters, but A. B. intervened and was injured by a blow from J. F.
Considerations
The Federal Court examined Sch.'s defense arguments, which contested his conviction for participation in a physical conflict and for simple assault and battery. The court considered that the notion of a 'participant' in a physical conflict must be understood broadly, but that there can be no physical conflict unless at least three people exchange blows.
The court also considered that even if Sch. had acted in self-defense, he had exceeded the limits of self-defense by hitting J. F. a second time. The court also rejected Sch.'s argument that he had not been able to defend himself against the attacks of the F. brothers in the dairy, because the facts showed that there had been a fight between Sch. and the F.…