Facts
The case concerns an individual, H., who repeatedly sold various drugs, including hashish, LSD, and cocaine, between 1983 and 1985. The authorities estimated that the quantities sold were sufficient to endanger the health of many people. H. was sentenced by the court of first instance to 18 months' imprisonment with probation, as well as a fine. The public prosecutor of the canton of Basel-Country appealed, requesting a more severe conviction under Article 19, paragraph 2, letter a, of the NarcA, which provides for heavier penalties in the case of large quantities of drugs.
The key facts are as follows
- H. sold approximately 60 kilograms of hashish between December 1983 and August 1985.
- He also sold 210 LSD between February 1984 and April 1985.
- He took 3 grams of cocaine on commission in February 1985.
Considerations
The Federal Court examined the question of whether the quantities of drugs sold by H. constituted a serious case within the meaning of Article 19, paragraph 2, letter a, NarcA. The court considered that the total quantity of drugs sold should be taken into account to determine the existence of a serious case, and not the individual quantities of each type of drug.
The court also examined the question of whether the repeated sales of drugs should be considered as separate acts or as a single continuous offense. The court decided that the repeated sales should be considered as a single offense, even if they were not linked by a…