Sentencing Disparity and Equal Application of Law in Narcotics Case

In a narcotics offense case where the trial court imposed a 45-month custodial sentence, the defendant argued for a reduced sentence by comparing his penalty to a significantly lighter sentence (20 months) imposed on a co-perpetrator in a different canton for a similar offense, claiming a violation of equal application of federal law. The appellate court reasoned that while sentencing must be judged individually based on the specific perpetrator and their history, which inherently allows for considerable disparity even among those involved in the same crime, a court must nevertheless address and comment upon a defendant's direct comparison to a co-defendant's sentence when unequal treatment is asserted.