Perpetrator only 22 years old

43 months in prison for thug after fight in early bar

An altercation in a Carinthian pub had dire consequences.

(Bild: stock.adobe.com)

A basilar skull fracture and brain haemorrhages are among the injuries sustained by a Carinthian after an altercation in a pub in Lavanttal. His tormentor is a 22-year-old with a long criminal record. "I didn't mean to do it," the accused asserts. The court only partially believes him.

Intentional grievous bodily harm, or not? That was the key question in the trial at Klagenfurt Regional Court - and the answer decides whether a defendant receives double the sentence. In this case, the 22-year-old recidivist with multiple previous convictions was facing a sentence of up to 15 years (!) or "only" seven and a half years in prison.

What had happened? In April, the young man, born in Germany, and his later victim had met very early in the morning in a pub in Lavanttal. And clashed. It is unlikely that any of the people involved remember what it was all about - because they were all heavily intoxicated, having already started drinking the day before (!).

In any case, a video shows the protagonists standing at the bar bawling with their bare upper bodies. The accused pushed the victim, who fell and hit his head unchecked on the tiled floor. "We don't know whether he stumbled or not," says Judge Oliver Kriz. "But the fact is that the impact caused it."

Dramatic medical history
The man was seriously injured - suffered a basilar skull fracture, brain haemorrhages, among other things, and could only be saved by deep sleep and a tracheotomy. "If he hadn't received medical treatment so quickly, we would be sitting here on a murder charge," says public prosecutor Christian Pirker.

Welcome to adult life! We have a duty to protect society from such acts.

Richter zum 22-jährigen Angeklagten, der zuvor hauptsächlich bedingte Strafen „gesammelt“ hatte

Fortunately, the victim survived. And the perpetrator has at least apologized, made a confession and also acknowledged compensation for pain and suffering of at least 12,500 euros. All mitigating factors that are recognized. "In case of doubt, we have to assume serious bodily injury, not intent", explains Kriz.

43 months and three weeks in prison
The sentence of 26 months in prison initially seems lenient - but then the numerous appeals of previous sentences are added to this. And so, in the end, 43 months and three weeks have to be served. "Welcome to adult life," says Kriz to the 22-year-old. "We have a duty to protect society from such acts."