Key legal question
Whether the cantonal court violated the accused's right to be heard/right of reply by deciding without allowing a response to prosecution submissions.
Extracted holding
Yes. The accused had to be given the opportunity to comment on the prosecution's submissions before judgment; this was not cured on federal appeal.
Extracted reasoning
Any new submission must be communicated to the parties so they can decide whether to respond. The prosecution's observations were sent only after the cantonal judgment, and the cantonal court acknowledged that no reply was possible.