Following a jury conviction for trafficking approximately half a kilogram of heroin, the court determined the appropriate sentence within the established appellate range.
The defence argued that heroin trafficking sentences should be reduced because heroin is not demonstrably more harmful than cocaine or methamphetamine.
After reviewing expert evidence, historical arguments, and appellate jurisprudence, the court held that existing authorities establish an eight‑to‑twelve‑year range for trafficking in a half kilogram of heroin and that trial courts are not entitled to lower that range based on the record before them.
The court concluded that even if other drugs are similarly harmful, that would justify increasing sentences for those drugs rather than lowering heroin sentences.
Each offender received an eight‑year penitentiary sentence, with additional concurrent time for possession of proceeds of crime and a fine in lieu of forfeiture against one offender.
