Facts
The case concerns an individual, [A.], who was convicted of an offense related to the possession of 49.1 grams of cocaine. The cantonal court initially sentenced [A.] to 15 months in prison with probation, but the federal court overturned this judgment and referred the case for a new trial. The cantonal court then sentenced [A.] to the same sentence, but with a 2-year probation period.
The federal court was seized of an appeal against this decision, in which [A.] requested the annulment of the judgment and the referral of the case for a new trial. The federal court ultimately admitted the appeal and annulled the judgment of the cantonal court.
Considerations
The federal court considered that the conviction for a serious offense due to the quantity of drugs involved is subject to an objective condition and a subjective condition. The subjective condition is not sufficient, even to admit an attempt. The court also considered that the rule of article 19, paragraph 2, letter a, of the NarcA is a sentencing rule and not a constituent element of the offense.
The court also examined the question of whether the rule of article 23 of the SCC on attempt is applicable in this case. It considered that…