Questione giuridica chiave
Whether the 18-month prison sentence with suspension was too lenient in light of the offender's guilt.
Decisione estratta
Yes. Given the very serious fault, the sentence had to be closer to the statutory maximum; the lower court abused its discretion by imposing a sentence that was excessively lenient.
Motivazione estratta
Article 47 CP gives the sentencing court wide discretion, but the Federal Court intervenes where the sentence is manifestly too lenient. The respondent drove at excessive speed on an unsuitable road, caused a fatal accident and serious injuries, and had consumed alcohol and cannabis; mitigating elements did not justify such leniency.