Question juridique clé
Whether the wife was entitled to a higher victim-assistance moral damages award
Solution extraite
The CHF 5,000 award was not arbitrary or obviously unfair and could stand.
Motifs extraits
The spouse had lived separately from the victim for years and the marital relationship had broken down. Given the court's broad discretion and the specific emotional impact still shown, the reduced amount was justified despite the criminal court's higher award.