Facts
The appellant [X.] was sentenced by the District Court of Aarau to a total prison sentence of 16 months for multiple violations of the Narcotics Act and multiple infringements of the Narcotics Act. The High Court of the Canton of Aargau confirmed this decision and additionally ordered a custodial ambulatory measure. The appellant lodged a complaint with the Federal Court and requested a fine of 120 daily rates, a fine of CHF 300.--, and the granting of a suspended sentence.
The lower court had revoked the suspended sentence for the prison sentence of 12 months imposed by the District Court of Aarau on December 10, 2003, and imposed a total sentence of 16 months' imprisonment. The appellant claimed that the lower court had not correctly carried out the sentencing and the revocation of the suspended sentence.
Considerations
The Federal Court examined the sentencing and the revocation of the suspended sentence. It found that the lower court had not correctly carried out the sentencing, as it had not assessed the appellant's guilt taking into account all relevant aspects. The Federal Court overturned the lower court's judgment and referred the case back for re-trial.
The Federal Court stated that the lower court had not correctly assessed the appellant's guilt in the sentencing. It found that the lower court had not measured the sentence for the new offenses taking into account all relevant aspects and that the imposition of a sentence of 4 months for the new offenses was not plausible.
The Federal Court also examined the revocation of the suspended sentence…