Facts
The appellant X. sold a total of approximately 150 g of hashish to various persons from 1982 to February 1986. From December 1984 to July 1985, he additionally sold 4 g of heroin and gifted 1 g of heroin to his girlfriend. In early 1985, he sold 33 LSD trips and gifted 3 more to his girlfriend. In January 1986, he was involved as a co-perpetrator in the transport of 3.5 kg of hashish from Amsterdam.
On March 18, 1988, the High Court of the Canton of Schaffhausen convicted X. of repeated and continued violation of the Narcotics Act and sentenced him to a conditional prison sentence of ten months and a fine of 5,000 francs. The Public Prosecutor's Office of the Canton of Schaffhausen then filed a nullity appeal with the request to convict X. of a qualified violation of the Narcotics Act and to reassess the sentence.
Considerations
The Federal Court states that while there is a connection between the individual offenses, there is no continuous connection. Therefore, the quantities of narcotics transacted cannot be added up to a total quantity that endangers the health of many people. However, such a total quantity must be covered by the perpetrator's intent for there to be a serious case within the meaning of Art. 19 para. 2 lit. a NarcA.
The Federal Court, however, makes it clear that the list of serious cases in Art. 19 para. 2 NarcA…