Facts
The appellant [A.] drove his passenger car on the main road towards Schwyz on November 22, 2016. He overtook two vehicles and collided with a motorized bicycle coming from the opposite direction on the oncoming lane. The driver of the motorized bicycle, [G.C.] , succumbed to his injuries. The public prosecutor's office found [A.] guilty of negligent homicide and intentional gross violation of traffic regulations. The Cantonal Court of Schwyz confirmed the conviction and the sentence.
The appellant complained of a violation of the right to be heard and an arbitrary establishment of the facts. He claimed that the lower court had not directed its attention to the road during the overtaking maneuver and that the motorized bicycle had not been visible.
Considerations
The Federal Court dismissed the appeal. It stated that the lower court had not arbitrarily established the facts and that the appellant had not directed his attention to the road during the overtaking maneuver. The court found that the appellant should have noticed the oncoming motorcyclist if he had exercised the required attention and that he had endangered the occupants of the overtaken vehicles by his grossly inattentive overtaking.
The Federal Court confirmed the conviction for negligent homicide and gross…