Facts
The complainant [X.] was convicted by the High Court of the Canton of Aargau for simple bodily harm and failure to provide assistance. The conviction is based on two incidents: the incident of January 17, 2006, in which the complainant violently turned the head of the respondent [Y.] , causing her to suffer a disc herniation between the fifth and sixth cervical vertebrae, and the incident of May 2004, in which the complainant pushed the respondent down the stairs, causing her to suffer an injury at the operated site.
The complainant requested the annulment of the judgments of the High Court and the District Court of Bremgarten and the remittal of the case for re-evaluation. He denied the allegations of simple bodily harm and failure to provide assistance and claimed that the lower court had arbitrarily established the facts and violated the principle of indictment.
Considerations
The Federal Court examined the complainant's objections and came to the conclusion that the lower court had not arbitrarily established the facts. The lower court had determined the scope of the complainant's confession and the cause of the respondent's injury based on the evidence and the parties' statements.
The Federal Court also found that the complainant had fulfilled the subjective requirements of simple bodily harm, as he, as a layperson, had recognized the general risk of injury when he violently turned the respondent's head. The lower court was entitled to affirm the complainant's knowledge and intent regarding the possibility of simple bodily harm without arbitrariness.
The Federal…