Questão jurídica principal
Whether the cantonal cassation court acted arbitrarily in procedure and fact-finding by reviewing the use of the knife and the cruelty element.
Decisão extraída
No. The cantonal court merely relied on the facts already found by the trial court and correctly treated the legal qualification of the knife use as a question of law.
Fundamentação extraída
The review showed no manifestly unsustainable application of cantonal procedure. The knife-related findings were contained in the first-instance judgment, and the aggravating circumstance under the Criminal Code was a legal issue within the cantonal court's full review power.