1. What is the sentencing approach if the defendant traffics in more than 1 type of dangerous drug?

1. What is the sentencing approach if the defendant traffics in more than 1 type of dangerous drug?

If a defendant is convicted of trafficking of more than 1 type of dangerous drugs, he can be sentenced by the “individual approach”, i.e. by adding up the different lengths of imprisonment for each individual drug.  This approach can create unfairness and/or overly lengthy sentences.  The Court more often adopts the “combined approach”, i.e. to calculate the applicable sentence for the more serious or most serious drug, and then increase the sentence by taking into account the quantities of other less serious drugs.  However, it must also be noted that trafficking in a variety of drugs is a serious aggravating factor justifying an enhanced sentence.