Questão jurídica principal
Whether the cantonal cassation decision was based on an obviously incorrect factual finding regarding the defence strategy and alleged necessity plea
Decisão extraída
Any alleged inaccuracy was irrelevant to the outcome because the defense strategy was to avoid pleading necessity, and the appellate court did not need to intervene in that strategic choice.
Fundamentação extraída
The challenged factual finding did not affect the legal assessment; whether counsel substantiated the point insufficiently or not at all made no difference.