Facts
The case concerns an individual, T., who was found guilty of a qualified offense under the narcotics law for selling approximately 350 grams of heroin and 250 grams of cocaine between January 1989 and January 1990. The court of first instance of the canton of Basel-Country sentenced him to 17 months and 10 days of prison with probation, as well as a fine of 300 Swiss francs. The court of appeal of the canton of Basel-Country upheld this judgment, which led the public prosecutor to file a nullity appeal with the SCC.
The key facts are as follows
- The defendant acted with the intention of financing his own drug consumption and used part of the profits to repay debts and finance his lifestyle.
- He had no significant prior convictions and was cooperative during the investigation and trial.
- He showed signs of remorse and took steps to free himself from his drug addiction.
Considerations
The SCC examined the criteria for determining the sentence, including the importance of the quantity of drugs involved, the defendant's motivations, and his behavior after the facts. It considered that the quantity of drugs should not be the only determining factor for the sentence, but that it should be taken into account in the context of the repression of the qualified offense.
The SCC also examined the issue of double consideration of aggravating or mitigating circumstances. It considered that the circumstances that lead to increasing or decreasing the sentence framework should not be repeated as aggravating or mitigating factors in the modified sentence framework.
Furthermore, the SCC…