Driver returns to court over fatal nitrous oxide crash

A 23-year-old Swiss man is appealing his conviction over a fatal crash involving nitrous oxide, while prosecutors are seeking a longer prison sentence and the victim’s family is seeking more compensation, Swiss broadcaster SRF reports.

The case is being heard by the Basel-Landschaft Cantonal Court. The man was sentenced by a lower court to four years and nine months in prison and a suspended fine for negligent homicide, multiple counts of negligent bodily injury and multiple counts of endangering life.

The crash happened in November 2021 on the A2 near Arisdorf, in Basel-Landschaft. A group of young people allegedly inhaled nitrous oxide in the car and filmed themselves. Prosecutors say the driver also inhaled several nitrous oxide balloons before the car hit a guardrail. One passenger died.

The appeal centres on whether the driver acted negligently or with eventual intent, meaning he recognised the risk and accepted it. Prosecutors argue he knew nitrous oxide could make someone unconscious and are seeking a prison sentence of six years and nine months.

The victim’s family says the death has caused severe and lasting distress. Their lawyer told the court that the mother is traumatised, the father has lost his job, and the deceased’s two siblings are also suffering. The family is seeking more compensation for both parents and both siblings than the lower court awarded.

The defendant answered few questions in court. He said only that he was not the first person in the car to inhale nitrous oxide, and that there was no need to worry he would leave Switzerland to avoid punishment. His lawyer is seeking a reduced sentence and the rejection of the family’s claim for additional compensation, arguing that the defendant was 18 at the time and had only recently obtained his driving licence.

The hearing is expected to last no more than two days. The court is due to deliver its ruling on Friday.