Facts
The appellant [X.] was sentenced by the High Court of the Canton of Zurich to a prison term of 14 years for multiple attempted murders, violation of the Weapons Act, multiple threats, and attempted coercion. The Federal Court had previously remanded the case to the lower court for reassessment of the sentence. The appellant now requests that the sentence be reduced to a maximum of 10 years.
The lower court had determined the sentence as follows: It classified the appellant's objective culpability in relation to the attempted intentional murder as very significant and set the hypothetical sentence for the completed offense at 16 years. It reduced this sentence due to the attempt and took into account the other offenses.
Considerations
The Federal Court examines whether the lower court correctly determined the sentence. It finds that the lower court set the sentence for the most serious crime and appropriately increased it in consideration of the other crimes. However, the lower court did not proceed methodically correctly, as it did not set the hypothetical sentence for the second attempted murder.
However, the Federal Court concludes that the lower court's approach does not result in a disadvantage for the appellant. The lower court classified the objective severity of the attempted intentional murder against [A.] as very significant and set the hypothetical sentence for the most serious crime at 16 years. This sentence is…