Zug,05.02.2016

18-year-old youth given 8-month suspended sentence and fined CHF 200

An 18-year-old Swiss youth has been given an eight-month suspended prison sentence and fined CHF 200 for punching another youth leaving him with serious facial injuries.
 
The incident happened near Landsgemeindeplatz in October of 2014. It was around 10 pm that evening when one group of youths was sitting on a bench by the shores of the lake drinking alcohol when another group of youths passed by. As they did so, the original group started making mocking quacking noises at them, which annoyed them. It was when the original group made these noises for a second time that an argument occurred and a scuffle broke out (between two youths in particular). The youth mentioned in the first paragraph, who at the time was just 17, said that he wanted to calm things down and stepped between the two who were fighting. However, he too, was hit and he retaliated “automatically” by punching the left side of the face of one of the fighters with his right fist, whereupon the injured party fell to the ground. He remained there for a few moments before pulling himself together and then asked who had hit him.
 
The court heard how the young Swiss man then allegedly dealt a number of strong punches to the side of the face of the other youth again and there was concern that the latter was in “immediate danger of losing his life”, bearing in mind he could have suffocated.
 
The injured youth was subsequently taken to the University Hospital in Zurich where he was treated for several fractures to the cheekbone, the bone surrounding his eye socket as well as to the orbital bone on the left side. He had to be operated on and remain in hospital for two days. Only nine months later was it possible to remove the metal pins and plates needed to secure the fractured bones, though no lasting physical damage was done.
 
The 18-year-old accused said in court that he had delivered only one blow to the other youth and had pinned him down until the latter had admitted defeat. When it was put to him what injuries he had caused, he said he “might have also kneed him in the face”.One of a number of witnesses had said in court that the accused had delivered numerous blows to the other youth.
 
It was also mentioned how the two, (the Swiss youth and his victim) had met up again in January when the latter said he did not want to see his attacker convicted of any charges with the Swiss youth duly paying him CHF 5,800 in compensation. Speaking in his defence, his lawyer said a fine would be sufficient punishment for the bodily injuries inflicted in the affray and other minor offences, and that any other more severe punishment (juvenile law allows up four years’ imprisonment) would not be appropriate.
 
Explaining his actions in court, the Swiss youth said he had not planned to punch his victim. “It just happened,” he claimed, as his lawyer added that his client had acted in such a way to ward off any possible attack. “Not that my client wishes to trivialise the injuries the other youth suffered in any way. He recognises that what he did was stupid and the reason for the initial argument very petty,” he said.
 
As mentioned, the Swiss man was given a suspended eight-month prison sentence and fined CHF 200 for attempted grievous bodily harm. It had not been possible to ascertain whether the victim had lost consciousness at the scene and only one witness said more than one blow had been dealt, and when subsequently asked again, he would not confirm this was the case.
 
The judge commented on what must have been a massive blow to the victim’s face and alluded to the accused attending weight training sessions. “You must have known such a blow would have caused serious injury,” he said.
 
Following his ruling, the judge addressed the youth and said. “I have had to convict a number of juveniles in my time but, in your case, I have a good feeling.”
 
The court's ruling in this case is not yet final.