Meny

22 December 2005 Sentencing. Criminal damage. Arson. Insurance fraud.

Penal Code section 292, cf. sections 291 and 272. The case concerns sentencing where the main offence was serious criminal damage caused by arson. Reference: HR-2005-02004-1, case no. 2005/1555, criminal appeal.

22 December 2005 Validity of driving licence acquired in another EEA State

The case concerns, among other things, the validity of a driving licence acquired in another EEA State. Reference: HR-2005-02005-A, case no. 2005/1325, criminal appeal.

22 December 2005 Duty to appear for military service.

Act relating to exemption from military service for reasons of personal conviction section 2, cf. section 3. Compulsory Military Service Act section 48 and 49. The issue in the case was whether a recruit who, on account of his conviction, intended to apply for exemption from military service could submit an application for exemption before he appeared for military service and therefore lawfully refrain from meeting for military service until the application was finally dealt with, see Act of 19 March 1965 no. 3 relating to exemption from military service for reasons of personal conviction section 2, cf. section 3. Reference: HR-2005-02006-A, case no. 2005/1306, criminal appeal.

22 December 2005 Sentencing. Murder with intent. Penal Code section 233 subsection 1 and 2

The case concerns sentencing for murder with intent committed under particularly aggravating circumstances. Reference: HR-2005-02007-A, case no. 2005/1567, criminal appeal.

21 December 2005 Penal Code section 195 subsection 1, first sentencing alternative

The case concerns sentencing where the defendant was convicted of sexual abuse of his 3 ½ year old daughter. Reference: HR-2005-01991-A, case no. 2005/1558, criminal appeal.

21 December 2005 Sentencing. Drug offence.

The case concerns sentencing for drug offences in breach of the Penal Code section 162 subsection 1 and 3, cf. subsection 5. The trial and the judgement of the Court of Appeal, in so far as it related to the sentencing of two of the defendants, B and F, was quashed. Reference: HR-2005-01994-A, case no. 2005/879, criminal appeal.

21 December 2005 Insurance law. Personal injury. Negligence. Contribution

The issue in the case was whether the victim had acted negligently and contributed to the injury in a personal injury case. Reference: HR-2005-01995-A, case no. 2005/1017, civil appeal.

21 December 2005 Deduction from sentence. Deprivation of liberty.

Penal Code section 60. The case concerns the interpretation of section 60 subsection 1 second sentence of the Penal Code, which regulates deductions from sentence on account of deprivation of liberty in total isolation pending trial. The issue in the case was whether the defendant was entitled to such a deduction where he had been kept in short-term isolation in police custody. Reference: HR-2005-01997-A, case no.2005/1252, criminal appeal.

21 December 2005 The Sale of Property Act section 2-10 subsection 2

The case concerns a claim for reimbursement of annual taxes pursuant to the Sale of Property Act of 3 July 1993 section 2-10 subsection 2. The main issue in the case was whether the properties in question where leased or sold. Reference: HR-2005-01998-A, case no. 2005/258, civil appeal.

21 December 2005 Non-economic loss for bodily injury. Compensation Act section 3-5

The case concerns the measure of damages and compensation for non-economic loss for bodily injury pursuant to section 3-5 of the Compensation Act. Reference: HR-2005-01999-A, case no. 2005/814, civil appeal.

21 December 2005 Industrial Injury Insurance Act section 11 subsection 1 (a)

The case concerns a claim for compensation pursuant to the Industrial Injury Insurance Act. The question was whether a knee injury suffered by an employee in the course of his employment for the employer was caused by an “accident at work” and, therefore, qualified as an occupational injury pursuant to the Industrial Injury Insurance Act section 11 subsection 1 (a). Reference: HR-2005-020000-A, case no. 2005/1071, civil appeal.

21 December 2005 Sentencing. Sexual assault. Compensation for non-economic loss.

Penal Code section 195 subsections 1 and 2 and section 197. Penal Code section 229, third sentencing alternative, cf. section 232. The case concerns sentencing and compensation for non-economic loss for a father’s very long-term and serious abuse of his two daughters. One of the daughters had been subjected to sexual assault, the other to violent assault. Reference: HR-2005-02001-A, case no. 2005/1434, criminal appeal.

20 December 2005 Civil Procedure Act section 378 subsection 2

Reference: HR-2005-01978-A, case no. 2005/1253, civil appeal.

20 December 2005 Criminal Procedure Act section 343 subsection 1

The case concerns an appeal against an acquittal in the Court of Appeal in a case heard before a jury. The issue in the case was whether the judge had committed a procedural error when he had strongly criticised the basis for the indictment during his summing up of the evidence. Reference: HR-2005-01986-A, case no. 2005/1502, criminal appeal.

14 December 2005 The Compensation Act section 3-6

The case concerns a claim by a former convict for compensation pursuant to section 3-6 of the Compensation Act for reports and articles written about him in the newspaper “Fædrelandsvennen” in May 2000 in connection with investigations into the rape and subsequent murder of two young girls. Reference: HR-2005-01986-A, case no. 2005/1502, criminal appeal.

12 December 2005 Reopening of case. Sexual offence.

Criminal Procedure Act section 391 no. 3, section 392 subsection 2 The case concerns a petition for the reopening of a criminal case. The appeal was dismissed. Reference: HR-2005-01932-A, case no. 2005/594, criminal interlocutory appeal.

7 December 2005 Attempted theft

Penal Code section 257 cf. sections 49, 50 and 60. The issue in the case was whether there was an attempted theft (see the Penal Code section 257, cf. section 49) or whether the perpetrator had withdrawn from the attempt. The case also raises questions relating to sentencing for habitual crime; see the Penal Code section 61. Reference: HR-2005-01907-A, case no. 2005/1414, criminal appeal.

7 December 2005 "Sexual depictions that seem offensive"

Penal Code section 204 subsection 2 first sentence. The issue in the case was whether an illustrated publication contained “sexual depictions that seem offensive” and thus were in breach of the prohibition against pornography in section 204 subsection 1 first sentence of the Penal Code. Reference: HR-2005-01913-A, case no. 2005/1084, criminal appeal.

7 December 2005 Sentencing. Bodily harm resulting in death. Inheritance

Penal Code section 231, first sentencing alternative, cf. section 232. The case concerns sentencing for grievous bodily harm that resulted in the death of the victim, and the question of loss of inheritance rights, the right to retain undivided possession of the deceased’s estate and the right to insurance benefits as a consequence of the conviction. Reference: HR-2005-0914-A, case no, 2005/1397, criminal appeal.

7 December 2005 Contract law. Public procurement. Military equipment. Compensation

The case concerns a claim for compensation after a competitive bid with negotiations was held for the procurement of military equipment, in particular what legal principles apply and whether general principles of procurement law could apply notwithstanding that the procurement of military equipment is not governed by legislation. Reference: HR-2005-01917-A, case no. 2005/843, civil appeal.

7 December 2005 Registration. Registration Act sections 13, 14 and 38a

The case concerns an interlocutory appeal against a refusal to register an encumbrance. Reference: HR-2005-01918-A, case no. 2005/959, civil interlocutory appeal.

7 December 2005 Sexual assault of a child below the age of 16. Penal Code section 196 subsection 4

The issue in the case was whether liability for sexual assault of a child below the age of 16 should lapse on account of the fact that the defendant and the victim were equal in age and development; see section 196 subsection 4 of the Penal Code. Reference: HR-2005-01919-A, case no. 2005/485, criminal appeal.

6 December 2005 Trademark law.

The Trademark Act sections 13, 2 and 4. The Marketing Control Act sections 1 and 8a. The case concerns the validity of the registration by the Patent Office on 12 October 2000 of the trademark “Gule sider” (Yellow Pages), which is now owned by Findexa AS, and whether the company Firma-Katalogen AS committed a breach of Findexa’s registered or long-established trademark or a breach of the Marketing Control Act when it used the trademark “Gule Sider”, including in the combination “Firma-Katalogens Gule Sider” (Firma-Katalogen’s Yellow Pages) and “Firma-Katalogens elektroniske Gule Sider (Firma Katalogen’s Electronic Yellow Pages). Reference: HR-2005-01905-A, case no. 2005/539, civil appeal.

5 December 2005 Taxation Act section 12-10, subsection 1 (c)

The issue in the case was whether gross employment income shall be calculated on a limited company’s income in accordance with the dividend alternative in section 12-10 subsection 1(c) of the Taxation Act. Reference: HR-2005-01892-A, case no. 2005/79, civil appeal.

5 December 2005 Contradiction. Arbitration. Procedural error

The issue in the case was whether the requirement of contradiction had been disregarded in an arbitration concerning the execution of a contract, and whether the effect of a possible error could be limited to setting aside the award of damages for the item of loss in question. Reference: HR-2005-01893-A, case no. 2005/669, civil appeal.

1 December 2005 Sentencing. Drug offences. Embezzlement. Slow procedure.

. Penal Code section 162 subsection 1 cf. subsection 5. The case concerns sentencing for the attempted import of heroin and one count of aggravated embezzlement, in particular the relevance of the fact that the case had been mislaid by the prosecution for approximately 15 months. The Supreme Court held that the protracted treatment of the case was a violation of Article 6(1) of the European Convention on Human Rights which entitled the defendant to “a fair and public hearing within a reasonable time”, and reduced the sentence from two years’ imprisonment to seven months’ imprisonment; see Article 13 of the European Convention on Human Rights. Reference: HR-2005-01879-A, case no. 2005/1101, criminal appeal.

1 December 2005 Sentencing. Drug offences. Long procedure. Rehabilitation. Purity.

Penal Code section 162 subsection 1 and 2 cf. subsection 5. The case concerns sentencing in a narcotics case, and raises questions concerning violation of Article 6 of the European Convention on Human rights as a consequence of the long time taken to bring the case to trial and the relevance of rehabilitation. Reference: HR-2005-01880-A, case no. 2005/1102, criminal appeal.

1 December 2005 Valuation of rights in areas of water in Florø harbour

The case concerns the valuation of rights in areas of water in Florø harbour, which the Florø local authority acquired from the owners of the Florø estate by agreement in 1994. The main question in the case concerned the extent of the rights and whether the valuation should be made on the basis of price provisions in an agreement from 1859 adjusted in accordance with the consumer price index or on the basis of the current market price. Reference: HR-2005-01881-A, case no. 2005/131, civil appeal.

30 November 2005 Criminal law. Penal Code section 228 subsection 1. Child rearing

The issue in the appeal was whether a step-father who, in connection with the bringing up of his two step-children, had hit them on their bottoms with his flat hand, could be punished for breach of section 228 subsection 1 of the Penal Code (assault). Reference: HR-2005-01865-A, case no. 2005/1020, criminal appeal.

29 November 2005 The Marketing Control Act section 8a

The case concerns a claim for damages for imitation of a trademark for a rice product. Reference: HR-2005-01857-A, case no. 2005/8, civil appeal.

28 November 2005 Value Added Tax Act section 5b no. 9

The case concerns interpretation of the exception for the carriage of persons in section 5b no. 9 of the Value Added Tax Act, as it was worded before it was repealed by the statutory amendment of 12 December 2003 no. 102, which entered into force on 1 March 2004. Reference: HR-2005-01854-A, case no. 2005/307, civil appeal.

28 November 2005 Penal Code section 132a Preventing the victim from reporting the offence

The case concerns interpretation of section 132a of the Penal Code and the criminality of a threat made with the purpose of preventing the victim from reporting the offence in circumstances where the victim had not yet considered doing so. Reference: HR-2005-01855-A, case no. 2005/1261, criminal appeal.

21 November 2005 Allodial Rights Act section 21 subsection 2

The issue in the case was whether an application for redemption of allodial land should be refused on the grounds that redemption would be unreasonable towards the owner. Reference: HR-2005-01811-A, case no. 2005/364, civil appeal.

21 November 2005 Sentencing. Murder with intent - attempted rape

Penal Code section 233 subsection 1, Penal Code section 192 subsection 1 (a), cf. section 49 The case concerns predominantly sentencing for murder with intent committed in connection with an attempted rape. Reference: HR-2005-01812-A, case no. 2005/854, criminal appeal.

21 November 2005 Import of amphetamine oil - communication control

Penal Code section 162 subsection 3, cf. subsections 1 and 5. Penal Code section 62 The case concerns an appeal against a judgement where five people were convicted for breach of the Penal Code section 162 subsection 3, cf. subsection 1 and 5 (drug felonies). The main issue was whether information collected through communication control in Lithuania was admissible as evidence. The case also concerns sentencing for import and storage of 6.6 kg of amphetamine oil which, if it was mixed with sulphuric acid, would give 7.4 kg of pure amphetamine. A third question in the case was whether import and storage are one or two criminal offences. Reference: HR-2005-01813-A, case no. 2005/932, criminal appeal.

16 November 2005 Construction contract.

Compensation for pay and price increases pursuant to the Statistics Norway Price Index. The issue in the case was whether a contractor was entitled to an increase in prices stated in the tender. Reference: HR-2005-01781-A, case no. 2005/36, civil appeal.

16 November 2005 Leasehold. Redemption. Contract law

The case concerns a lessor’s claim for redemption of a lease of land and, in particular, whether the lessor was bound by the claim. Reference: HR-2005-01789-A, case no. 2005/92, civil appeal.

16 November 2005 Dispute on liability for costs in a child welfare case

The case concerns a dispute between two local authorities concerning liability for the expenses of child welfare measures in circumstances where the local authority where the child originally lived brought proceedings before the county board but withdrew the proceedings after the child was moved to another local authority; see the Child Welfare Act sections 8-4 and 9-1. Reference: HR-2005-01790-A, case no. 2005/428, civil appeal.

3 November 2005 Tax law. Tax deduction for legal assistance etc.

The case concerns the right to a tax deduction for expenses for legal advice and assistance etc incurred in filing complaints and legal proceedings for assessed tax. Reference: HR-2005-01726-A, case no. 2004/1806, civil appeal.

3 November 2005 Criminal law. Protective custody. Penal Code section 39c

The issue in the case was whether a protective custody order should be made following a conviction for, amongst other things, arson that could easily have led to loss of life; see the Penal Code section 148 subsection 1 first sentencing alternative. Reference: HR-2005-01727-A, case no. 2005/894, criminal appeal.

3 November 2005 Guarantee law

A guarantee of limited duration had been granted as security for a lease. The issue in the case was whether the lessor had submitted the claim under the guarantee within time. Reference: HR-2005-01728-A, case no. 2005/523, civil appeal.

3 November 2005 Criminal law. Procedure. Sentencing.

Penal Code section 162 subsection 1 cf. subsection 3 first sentence. The case concerns a procedural error and sentencing in circumstances where the defendant confessed during investigation to a series of serious drug offences of which the police were unaware. The confession was made against a written promise from the prosecution that it would enter a plea of 7 years imprisonment. The public prosecutor later withdrew the promise on the grounds that additional facts had come to light. Reference: HR-2005-01733-A, case no. 2005/714, criminal appeal.

3 November 2005 Tax law. Tax relief for legal assistance etc

The case concerns the right to claim tax relief for expenses for legal assistance etc in connection with administrative and judicial tax proceedings. Reference: HR-2005-01726-A, case no. 2004/1806, civil appeal.

3 November 2005 Criminal law. Protective custody. Penal Code section 39c

The issue in the case was whether a protective custody order should be made following a conviction for, inter alia, arson that could easily have led to loss of life, see the Penal Code section 148 subsection 1 first sentencing alternative. Reference: HR-2005-01727-A, case no. 2005/894, criminal appeal.

3 November 2005 Guarantee law

The case concerns a time-limited bank guarantee issued as security for claims pursuant to a lease. The issue in the case was whether the lessor had submitted a claim before the time limit in the guarantee ran out. Reference: HR-2005-01728-A, case no. 2005/523, civil appeal.

3 November 2005 Criminal law. Procedure. Sentencing. Penal Code section 162 subsection 1 cf. subsec

The case concerns a procedural error and sentencing in a case where the accused during the investigation had confessed to a number of serious narcotic offences of which the police were unaware. The confession was made on the basis of a written promise by the prosecution to enter a recommendation for a sentence of seven year’s imprisonment. Subsequently, the prosecution broke its promise on the grounds that additional offences had come to light. Reference: HR-2005-01733-A, case no. 2005, criminal appeal.

2 November 2005 Tax law. Shipping tax. Merger

The case concerns taxation pursuant to the shipping tax scheme in section 51 A ff of the Taxation Act 1911 in a case where the tax subject had merged with its wholly-owned subsidiary. The issue in the case was whether, as a result of the merger, the account for taxed income (see section 51A-6 no.3) shall be corrected for the difference between the parent company’s cost price of the shares in the subsidiary and the taxable paid-up capital equity in the subsidiary. Reference: HR-2005-01716-A, case no. 2005/1042, civil appeal.

28 October 2005 Finanger II-case. Compensation law – EEA law. Plenary decision. Motor Car Liability

The issue in the case was whether the State was liable in damages for the wrongful implementation into Norwegian law of the EU Motor Insurance Directives in connection with accession to the EEA Agreement. Reference: HR-2005-01690-P, case no. 2005/412, civil appeal.

26 October 2005 Credit allowance. Taxation Act section 22A-2

The case concerns the application of the rules relating to credit allowance in section 22A-2 of the Taxation Act 1911 for companies to which the special rules on shipping tax in section 51-A of the same Act apply. These provisions are now incorporated into the Taxation Act 1999 sections 16-20, 8-10 and 8-20. Reference: HR-20005-01682-A, case no. 2005/41, civil appeal.

21 October 2005 Presiding judge’s instruction to the jury

The issue in the case was whether the presiding judge, in his instructions to the jury in a narcotics case, had correctly described the standard of proof for a matter that was not covered by the indictment. Reference: HR-2005-01664-A, case no. 2005/709, criminal appeal.

21 October 2005 Blood test. Health Personnel Act section 12 cf. Road Traffic Act section 22a

The issue in the case was whether the police can demand to see the results of a blood test taken in connection with medical treatment in a case where a blood test taken in connection with suspected drink-driving was not taken in time, see the Health Personnel Act section 12 cf. the Road Traffic Act section 22a. Reference: HR-2005-01657-A, case no. 2005/200, criminal interlocutory appeal.

18 October 2005 Breach of the Accountancy Act. Delayed payment fee. Double jeopardy. Accountancy Ac

The case concerns breach of the Accountancy Act, in particular whether a delayed payment fee imposed for having failed to submit accounts to the Accounts Register was a bar to subsequent criminal prosecution for breach of the Accountancy Act, see the prohibition against dual prosecution in Article 4(1) of Protocol 7 to the European Convention on Human Rights. Reference: HR-2005-01636-A, case no, 2005/365, criminal appeal.

14 October 2005 Reappraisal. Compensation. Area principle

The case concerns an appeal against a reappraisal related to the determination of compensation for right of user in a ski resort. The main issue was the possible application of an adjusted area principle. Reference: HR-2005-01627-A, case no. 2005/3, civil appeal.

12 October 2005 Compensation for economic and non-economic loss. Criminal Procedure Act section 444

The case concerns compensation for economic and non-economic loss in connection with a prosecution pursuant to the provisions in sections 444–446 of the Criminal Procedure Act after the prosecution had decided not to prosecute on account of the evidential position. The main question was whether the decision not to prosecute falls within the scope of the term “prosecution” in section 444 of the Criminal Procedure Act. The Supreme Court quashed the decision of the Court of Appeal. Reference: HR-2005-01605-A, case no. 2005/634, criminal interlocutory appeal.

11 October 2005 Sentencing. Sexual assault. Penal Code section 195 subsection 1,

second sentencing alternative and first alternative, Penal Code sections 193 and 206 The case concerns sentencing for several counts of sexual assault of two ten year old boys, in particular the relevance of the fact that the convict reported the offences to the police himself. Reference: HR-2005-01595-A, case no. 2005/696, criminal appeal.

27 September 2005 Criminal Procedure Act section 38. Change of indictment from fraud to breach of t

The issue in the case was whether a change of indictment from fraud to breach of trust was procedurally the “same matter” within the terms of the Criminal Procedure Act section 38. Reference: HR-2005-01542-A, case no. 2005/551, criminal appeal.

23 September 2005 Penal Code section 127 subsection 1, first sentencing alternative, ECHR Article 6(

The case concerns sentencing for assault of a police officer and, in particular, the relevance of the fact that the appellant’s appeal to the Supreme Court had been left unheeded at the public prosecutor’s office for 12 months. Reference: HR-2005-01517-A, case no. 2005/878, criminal appeal.

22 September 2005 Penal Code sections 270 and 271

The case concerns sentencing for fraud in connection with the payment of a public subsidy to a shipping company that ran a ferry service. The main issue in the case was the level of sentence for such offences in general and, in particular, the weight to be attached to the convict’s role in the offence. Reference: HR-2005-01509-A, case no. 2005/516, criminal appeal.

22 September 2005 Ground Rent Act section 15

The issue in the case was whether the ground rent for residential plots of land shall be regulated in accordance with the consumer price index or in accordance with the provisions in the lease, see section 15 of the Ground Rent Act. The case also concerns the date from which the regulation was to become effective. Reference: HR-2005-01512-A, case no. 2005/198, civil appeal.

21 September 2005 Tax law. Deduction for loss on the sale of shares and bad debts

The case concerns judicial review of a decision by the tax authorities to refuse a limited liability company and three personal taxpayers the right to make deductions in income for loss incurred on the sale of shares. The case involved two substantive issues. The first issue was whether the taxpayers were entitled to deductions in income for losses incurred upon the sale of shares in the tax assessment for the fiscal year 1995 pursuant to the Corporate Taxation Act section 5-2 no. 2. The second issue was whether the taxpayers were entitled to deductions for bad debts. As far as the company was concerned, the claim related to the right to deductions for bad debts in the course of business pursuant to the former Taxation Act of 1911 section 44 subsection 1 d. As far as the personal taxpayers were concerned, the issue was whether they were entitled to deduction for bad debts pursuant to the rules in the former Taxation Act of 1911 section 45 subsection 1, cf. section 43 subsection 2 b. Reference: HR-2005-01502-A, case no. 2004/1815, civil appeal.

21 September 2005 Sentencing. Habitual criminal activity. Penal Code section 61

The case concerns sentencing for predominantly several offences involving violence perpetrated by a person who had several previous convictions for similar offences. In particular, the case involved the application of a new provision in section 61 of the Penal Code relating to recidivism. Reference: HR-2005-01503-A, case no. 2005/445, criminal appeal.

20 September 2005 Taxation Act 1911 section 44 subsection 1 d, Taxation Act 1999 section 6-2 subsec

The issue in the case was whether a limited company could make deductions for bad debts against a US subsidiary in connection with its tax assessment for the fiscal year 1998, see the former Taxation Act 1911 section 44 subsection 1 d, now the Taxation Act 1999 section 6-2 subsection 2. Reference: HR-2005-01491-A, case no. 2005/141, civil appeal.

19 September 2005 Criminal Procedure Act sections 216g and 264

The case concerns a further interlocutory appeal against the Court of Appeal’s interpretation of sections 216g and 264 of the Criminal Procedure Act in an interlocutory order that granted the defence counsel in a criminal case access to written material gathered in connection with telephone control. Reference: HR-2005-01489-A, case no. 2005/1232, criminal interlocutory appeal.

19 September 2005 Criminal Procedure Act section 68 and section 319 subsection 2

The issue in the case was whether an appeal filed within the time-limit for appeal by a public prosecutor without power to file an appeal was out-of-time in circumstances where the proper prosecution authority – the Director General of Public Prosecutions – endorsed the appeal immediately after the error was discovered but after the time-limit for appeal had expired. Reference: HR-2005-01498-A, case no. 2005/704, criminal appeal.

15 September 2005 Insurance law. Contract Act section 36. Insurance Contracts Act

The case concerns liability pursuant to a group life insurance and, in particular, application of the mitigation rule in section 36 of the Contract Act. Reference: HR-2005-01471-A, case no. 2005/7, civil appeal.

13 September 2005 Transfer to forced mental health care

The issue in the case was whether an order should be made to transfer the convict to forced mental health care, see the Penal Codes section 39 and the Mental Health Care Act of 2 July 1999 no. 62 chapter 5. Reference: HR-2005-01448-A, case no. 2005/757, criminal appeal.

13 September 2005 Sentencing. Assault. Penal Code section 228 subsection 1 cf. sections 232 and 291

The appeal concerns sentencing in a case where the overriding matter was an assault perpetrated under particularly aggravating circumstances. The main issue before the Supreme Court was whether, on account of the convict’s youth, it was appropriate to make a community service order rather than to impose a prison sentence. Reference: HR-2005-01449-A, case no. 2005/802, criminal appeal.

2 September 2005 Compensation law. Pregnancy poisoning. The Compensation Act section 2-1 no. 1 firs

The case concerns a claim for damages against a local authority for injury caused by acute pregnancy poisoning and fits (eclampsia), see the Compensation Act section 2-1. The grounds for the claim were that a local authority midwife negligently failed to detect a condition of pregnancy poisoning (preeclampsia) and that in any event, the local authority had inadequate routines that prevented the early detection of the condition. Reference: HR-2005-01386-A, case no. 2005/108, civil appeal.

2 September 2005 Sentencing. Possession of child pornography

The case concerns sentencing for the possession and distribution of child pornography, see the Penal Code section 204 subsection 1 d) as applicable prior to the statutory amendment of 20 May 2005 no. 29. Reference: HR-2005-01387-A, case no. 2005/477, criminal appeal.

2 September 2005 Criminal Procedure Act sections 363 and 343 subsection 1 no. 8

The case concerns the issues to be determined by the jury in a criminal case before the Court of Appeal sitting with a jury, and the formulation of the grounds for the decision relating to criminal liability. Reference: HR-2005-01394-A, case no. 2005/799, criminal appeal.

2 September 2005 Penal Code section 227 first sentencing alternative and section 291, subsection 1

The case concerns sentencing for unlawful threats and subsequent vandalism. Reference: HR-2005-01395-A, case no. 2005/562, criminal appeal.

2 September 2005 Penal Code section 162 subsection 2, section 28a and section 59 subsection 2

Reference: HR-2005-01396-A, case no. 2005/855, criminal appeal.

31 August 2005 Loss of driving rights. Road Traffic Act section 33 no. 1. Regulation on loss of driv

The case before the Supreme Court concerns the loss of driving rights in a case where the police had not confiscated the driving licence. Reference: HR-2005-01377-A, case no. 2005/360, criminal appeal.

31 August 2005 Loss of driving rights. Road Traffic Act section 33 no. 1 subsection 1

The case concerns the loss of driving rights and a prohibition against driving a motor vehicle that did not require a driving licence in a case where the police had not confiscated the driving licence. Reference:HR-2005-01378-A, case no. 2005/415, criminal appeal.

30 June 2005 Sentencing. Drug offence. Aiding and abetting.

Penal Code section 162 subsection 1 and subsection 3 first sentence cf. subsection 5. A woman was convicted of aiding and abetting the storage of 165 kg of hashish and 46 kg of amphetamine, and sentenced to imprisonment for a term of three years and six months. She had played a minor role, had spent 245 days in custody pending investigations and a long time had passed since the crime was committed, for which she could not be blamed. Reference: HR-2005-01067-A, case no. 2005/95, criminal appeal.

30 June 2005 Sentencing. Abuse of adoptive daughter.

Community service. Penal Code section 219 subsection 1 first sentencing alternative The case concerns sentencing for breach of the Penal Code section 219 subsection 1 first sentencing alternative. A father was convicted of having abused and mistreated his adoptive daughter from when she was four years old until she was sixteen. The Court of Appeal imposed an unconditional prison sentence of five months and awarded compensation for non-economic loss to the daughter in the amount of NOK 25 000. The Supreme Court dismissed the appeal. Reference: HR-2005-01068-A, case no. 2005/409.

30 June 2005 Protective custody. Penal Code section 39c no. 1

The issue in the case was whether a protective custody order should be made pursuant to section 39c no. 1 of the Penal Code for breach of section 229 first sentencing alternative cf. section 232 of the Penal Code (occasioning bodily harm under especially aggravating circumstancing). The accused had inflicted bodily harm on a 68 year old woman under especially aggravating circumstancing in connection with the attempted robbery of her home. Reference: HR-2005-01068-A, case no. 2005/409, criminal appeal.

30 June 2005 Confiscation of driving licence. Basis for calculation of the confiscation period

Road Traffic Act section 33 no. 1 subsection 6, Confiscation Regulation section 1-4 The case concerns the confiscation of a driving licence. The main issue in the case was from what date the confiscation period should start to run in circumstances where the owner of the licence had accepted the confiscation but the licence had not been delivered to the police or reported lost. Reference: HR-2005-01070-A, case no. 2005/647, criminal appeal.

30 June 2005 Value Added Tax Act section 21 subsection 1, first sentence cf. section 5a.

Regulation of 6 June 2001 no. 573 relating to the voluntary registration of the lessee of buildings and constructions for use in undertakings that are registered pursuant to the Value Added Tax Act The case concerns the validity of the decision of the Sør-Trøndelag County Tax Office to refuse a deduction for input VAT on the development of hotel rooms intended for rent and connected common areas, see section 21 of the Value Added Tax Act. Reference: HR-2005-01073-A, case no. 2005/311, civil appeal.

29 June 2005 Tax law. Tax assessment section 9-5 no. 8 cf.

Regulation on summary joint settlement section 6, Norwegian Constitution Article 97 The case concerns the tax assessment for Allseas Marine Contractors AS for the income years 1990, 1992 and 1993. The issue before the Supreme Court related to the allocation of deductions for the hire of vessels and indirect expenses for operations on the Norwegian continental shelf, and the determination of the rate of tax where the company was assessed and taxef by way of a summary joint settlement. Reference: HR-2005-01041-A, case no. 2004/1734, civil appeal.

29 June 2005 Liability of estate agent when selling a house

The issue in the case was whether a firm of estate agents was jointly and severally liable with the seller for financial loss inflicted on the purchaser of a house. An estate agent employed by the firm had acted negligently and failed to give relevant information in breach of his duty of care. Reference: HR-2005-01044-A, case no. 2005/12, civil appeal.

29 June 2005 Validity of a gift

The issue in the case was whether a gift was invalid on the grounds that the donor was suffering from a serious mental disorder. Reference: HR-2005-01045-A, case no. 2005/42, civil appeal.

29 June 2005 Insurance. Reduction of award. Use of seatbelt. The Motor Car Liability Act section 7

The case concerns the reduction of a compensation award following a road traffic accident on the grounds that the injured passenger had not worn a seatbelt. Reference: HR-2005-01047-A, case no. 2005/264, civil appeal.

29 June 2005 Criminal law. Negligently causing the death of another person by driving.

Standard of care. Penal Code section 239. The case concerns an appeal against the Court of Appeal’s application of the law in connection with an acquittal for a charge of negligently causing the death of another person by driving, see section 239 of the Penal Code. The Supreme Court quashed the Court of Appeal’s judgement and the appeal trial. Reference: HR-2005-01048-A, case no. 2005/531, criminal appeal.

29 June 2005 Confiscation of a stereo system. Penal Code section 35 subsection 2

The case concerns confiscation of a stereo system that had been used to cause extensive and long-term breach of the peace on a housing estate, see the Penal Codes section 35 subsection 2. Reference: HR-2005-01049-A, case no. 2005/532, criminal appeal.

29 June 2005 Compensation law. Reduction of liability. Compensation Act section 5-2 first sentence

The case concerns the reduction of liability for extensive damage caused by an intentionally detonated bomb; see the Compensation Act section 5-2. Reference: HR-2005-01050-A, case no. 2005/63, civil appeal.

29 June 2005 Criminal law. Procedure. Reading aloud of expert report. Criminal Procedure Act sectio

The case concerns an appeal against procedure in a criminal case before the Court of Appeal where the accused was acquitted. The issue in the case was whether counsel for the defence, during his summing-up, had read aloud from an expert report which the court had refused to admit as evidence, whether this was an error in procedure and, if so, whether the judgement of the Court of Appeal must be quashed. Reference: HR-2005-01051-A, case no. 2005/220, criminal appeal.

29 June 2005 Right of way. Easements Act section 8 subsection 2

The case concerns the rejection of an application for the adjustment or modification of a right of way pursuant to section 8 subsection 2 of the Easements Act. Reference: HR-2005-01052-A, case no. 2004/1814, civil interlocutory appeal.

29 June 2005 Sentencing. Child pornography

The case concerns sentencing for the possession and distribution of child pornography, see the Penal Code section 204 subsection 1 d as it applied prior to a statutory amendment of 1 August 2003 no. 86. Reference: HR-2005-01053-A, case no. 2005/337, criminal appeal.

29 June 2005 Sentencing. Drug offence. Penal Code section 162 subsections 1 and 3 cf. subsection 5

The case concerns sentencing for aiding and abetting the attempted import of 92 kg of hashish. Reference: HR-2005-01054-A, case no. 2005/619, criminal appeal.

29 June 2005 Criminal law. Insurance fraud. Sentencing. Penal Code section 272 subsection 2 no.2

The case concerns the application of law for a false insurance claim and sentencing for insurance fraud and a serious speeding offence. Reference: HR-2005-01057-A, case no. 2005/554, criminal appeal.

29 June 2005 Sentencing. Assault of cohabitee. Application of law

Penal Code section 219 subsection 1, first sentence. Based on an interpretation of the former statutory provision and the preparatory works to section 219 of the Penal Code, the Supreme Court found that the words “incapable of taking care of him- or herself” do not apply to spouses or cohabitees. Children, spouses and cohabitees enjoy protection without any requirement of helplessness. The conviction for several counts of assault against a former cohabitee was upheld and the sentence was fixed at 12 months’ imprisonment in accordance with the judgement of the Court of Appeal. Reference: HR-2005-01058-A, case no. 2005/589, criminal appeal.

27 June 2005 Employment law. Fixed term (temporary) employment contract

The case concerns a claim brought by an employee against his employer for compensation for a fixed term (temporary9 contract that was in breach of section 58A of the Employment Act. The issue in the case was whether the contract was in fact a temporary contract. Reference: HR-2005-01028-A, case no. 2005/147, civil appeal.

24 June 2005 Criminal law. Plenary decision. Penal Code section 195 subsection 3, ECHR Article 6(2)

The issue in the case was whether section 195 subsection 3 of the Penal Code, which provides that mistake as to the child’s age shall not exonerate criminal liability for sexual assault of a child below the age of 14 years, is in violation of the presumption of innocence in Article 6(2) of the European Convention on Human Rights (ECHR). Reference: HR-2005-01014-A, case no. 2005/260, criminal appeal.

21 June 2005 Public right of way. Outdoor Recreation Act sections 1, 1a and 2

The case concerned a public right of way over a private holiday home property in the local authority of Hvaler in the County of Østfold. Reference: HR-2005-00989-A, case no 2004/1662, civil appeal.

17 June 2005 Construction law. Norwegian Standard NS 3430

The case concerns the interpretation of “additional expenditure” (merutgifter) in clause 21.1(1) of the Norwegian Standard NS 3430, Standard terms of contract for building and construction. Reference: HR-2005-00973-A, case no. 2004/1461, civil appeal.

15 June 2005 Penal Code section 61. Community service order.

The case concerns sentencing for the storage and purchase of hashish and for driving a motor vehicle without a valid licence in circumstances where the accused had numerous previous convictions. The issue in the case was whether it was appropriate to make a community service order. Reference: HR-200500961-A, case no. 2005/559, criminal appeal.

14 June 2005 Penal Code section 34. Confiscation. Sale of narcotics

The case concerns confiscation of the proceeds of sale of narcotics in circumstances where the accused has not received payment, see section 34 of the Penal Code. Reference: HR-2005-00950-A, case no. 2005/490, criminal appeal.

10 June 2005 Compensation law. Right of indemnity

The case concerns the interpretation of section 3-7 no. 3 of the Compensation Act, more particularly whether a right of indemnity can be claimed within the full scope of the tortfeasor’s total liability (parcel by parcel) or only for each individual head of damage (post by post). Reference: HR-2005-00926-A, case no. 2004/1697, civil appeal.

9 June 2005 Civil procedure. Accessory intervention

Ten neighbouring holiday home owners declared accessory intervention in support of the local authority in an appeal before the Supreme Court between Mr Jan Wilhelmsen and the Hvaler local authority regarding a public right of way across Mr Wilhelmsen’s holiday property in the village of Herføl in Hvaler, see the Civil Procedure Act section 75. The issue in the case was whether the conditions for accessory intervention were fulfilled. Reference: HR-2005-00916-A, case no. 2004/1662, civil appeal.

8 June 2005 Sentencing. Penal Code section 61

The case concerns sentencing for one count of theft and one minor drug offence committed by a person with 30 previous convictions, see the Penal Code section 61. Reference: HR-2005-00909-A, case no. 2005/314, criminal appeal.

8 June 2005 Sentencing. Penal Code section 182 subsection 1 first sentencing alternative, section 1

The case concerns sentencing for the unlawful acquisition of tablets containing narcotic substances by using a false prescription. The issue in the case was whether it was appropriate to impose a community service order, see the Penal Code section 28a. Reference: HR-2005-00911-A, case no. 2005/482, criminal appeal.

8 June 2005 Jurisdiction of the court enforcement officer

The issue in the case was whether the court enforcement officer had jurisdiction pursuant to section 7-3 of the Act relating to the Enforcement of Civil Claims to make an attachment of earnings order in a pension that was paid from Norway to a pensioner who was permanently resident in Spain. Reference: HR-2005-00910-A, case no. 2004/1784, civil interlocutory appeal.

7 June 2005 Calculation of production duty.

The Petroleum Act. Government regulation of 27 June 1997 no. 653 section 31 and Government regulation of 14 June 1985 no 1158 section 22 to the Petroleum Activities Act The case concerns the calculation of production duty in connection with oil production on the Statfjord oil field on the Norwegian continental shelf. Reference: HR-2005-00905-A, case no 2005/83, civil appeal.

1 June 2005 Sentencing. Assault of police officer.

Penal Code section 127, subsection 1, first sentencing alternative. The case concerns sentencing for the assault of a police officer in breach of the Penal Code section 127. The issue in the case was whether it was appropriate to impose a community service order, see the Penal Code section 28a.Reference: HR-2005-00881-A, case no. 2005/357, criminal appeal.

1 June 2005 Sentencing. Hawala banking II

The case concerns sentencing for breach of the Accounting Act, the Tax Assessment Act, the Currency Control Act and the provisions of the Penal Code relating to the receiving of the proceeds of a criminal act in connection with so-called hawala brokerage (informal value transfer system). Dissent. Reference: HR 2005-00880-A, case no. 2005/224, criminal appeal.

1 June 2005 Sentencing. Hawala banking

The case concerns sentencing for breach of the Accounting Act, the Tax Assessment Act, the Currency Control Act and the Financial Institutions Act in connection with so-called hawala brokerage (informal value transfer system). Dissent. Reference: HR 2005-00879-A, case no. 2005/20, criminal appeal.

31 May 2005 Company Taxation Act 1991 section 1-6, now the Taxation Act section 10-5

The issue in the case was whether a limited company, more precisely a hydroelectric power producer – was obliged to enter corrective income as income for dividends that were paid from the company, see the former Company Taxation Act section 1-6, now the Taxation Act section 10-5. The case related to the transitional rules that were enacted in connection with the transition on 1 January 1997 from taxation on the imputed value of property to direct assessment of property for publicly owned hydroelectric power producers. Reference: HR-2005-00867-A, case no. 2004/1571, civil appeal.

30 May 2005 Custody and contact. The Children Act sections 48 and 42

The issue in the case was which of the parents a 10 year old girl should live with on a permanent basis, and rights of contact for the other parent. Reference: HR-2005-00853-A, case no. 2004/1864, civil appeal.

24 May 2005 Rape. Sentencing. Compensation for non-economic loss.

Penal Code section 192 subsection 1 b, cf. subsection 2 a. The case concerns sentencing for sexual intercourse with a woman who was not capable of resisting the act because she was asleep, and the measure of compensation for non-economic loss to the victim. The sentence was fixed at two years’ imprisonment of which 90 days was unconditional. Compensation was fixed at NOK 50 000. Reference: HR-2005-00821-A, case no. 2005/202, criminal appeal.

11 May 2005 Self-defence. Wildlife Act section 11 subsection 1

The case concerns the application of law in relation to the self-defence provisions in section 11 subsection 1 of the Wildlife Act in a case concerning the killing of a bear. Reference: HR-2005-00769-A, case no. 2005/189.

11 May 2005 Compensation for economic and non-economic loss for wrongful prosecution

The case concerns compensation for economic and non-economic loss for wrongful prosecution, see the Criminal Procedure Act section 444, 445 and 446 as they applied prior to the statutory amendment of 10 January 2003 no. 3. Reference: HR-200405-00771-A, case no. 2004/1595, criminal interlocutory appeal.

11 May 2005 Loss of licence. Occupational driver

The case concerns the confiscation of a driving licence following conviction for breach of the Road Traffic Act section 31 subsection 1, cf. section 3 and section 12 subsection 2. Section 33 no. 1 of the Act, which empowers the court to impose a more lenient sentence than the minimum sentence prescribed for the offence, was not applicable. Reference: HR-2005-00772-A, case no. 2005/134, criminal appeal.

11 May 2005 Child Welfare Act section 4-12

The case concerns review pursuant to chapter 33 of the Civil Procedure Act of a decision of the County Committee for Social Affairs in Sør & Nord-Trøndelag to take a 13 ½ year old girl into care. Reference: HR-2005-00768-A, case no. 2004/335, civil appeal.

10 May 2005 Principle for valuation in the event of compulsory purchase of a holiday home

The case concerns the principles for valuation that are applicable when part of a plot of land used as a holiday home where compulsorily sold to the state for recreation purposes for the general public. Reference: HR-2005-00761-A, case no. 2004/1376, civil appeal.

3 May 2005 Locus standi. EEA law

The case concerns the locus standi of a group of employees in a case concerning judicial review of a decision of the tax appeal board ordering the employer to pay national insurance employer’s contribution. The primary question was whether locus standi could be founded in EEA law. Reference: HR-2005-00713-A, case no. 2004/1706, civil interlocutory appeal.

29 April 2005 Sentencing. Robbery

The case concerns sentencing for robbery, see the Penal Code section 267, cf. section 268 subsection 1, in particular whether it was appropriate to make a community service order. The night time robbery of a petrol station using an unloaded gas-driven air pistol was found to borderline on aggravated robbery. The sentence was fixed at 15 months’ imprisonment, of which six months was deferred. Dissent 4-1. Reference: HR-2005-00676-A, case no. 2005/302, criminal appeal.

29 April 2005 Sentencing. Negligently causing the death of another person with a tram.

Penal Code section 239 first sentencing alternative. Road Traffic Act section 31 subsection 1, cf. section 3 The case concerns sentencing for negligently causing the death of another person. The Court reduced the sentence of the District Court to 30 days’ imprisonment. Reference: HR-2005-00682-A, Case no. 2005/193, criminal appeal.

29 April 2005 Criminal law. Drug offences. Sentencing. Penal Code section 162 subsection 2, cf. sub

The case concerns sentencing for an aggravated drug felony, more particularly dealing with 600 grams of 9 % heroin. Reference: HR-2005-00687-A, case no. 2005/326, criminal appeal.

29 April 2005 Sentencing. Threats and violence against a spouse

The case concerns sentencing of a man who was convicted for one count of violence and threats against his wife, see the Penal Code section 228 subsection 1 and section 227. The sentence was fixed at 30 days’ imprisonment despite the fact that the victim had expressed that she did not want the accused to be given a prison sentence. Reference: HR-2005-00688-A, case no. 2005/217, criminal appeal.

28 April 2005 Environmental crime. Application of law. Procedure. Sentencing.

Penal Code section 152b subsection 2 nos. 1 and 2. The case concerns an appeal against procedure and the application of law following a conviction for breach of the Penal Code section 152b subsection 2 no. 1, and against sentencing for breach of section 152b subsection 2 nos. 1 and 2. The appellant had completely cut down large areas of a nature reserve and had thereby damaged endangered species of lichen. Reference: HR-2005-00668-A, case no. 2005/223, criminal appeal.

28 April 2005 Tax law. Reducing balance method of depreciation

The issue in the case was whether a taxpayer that changed its accounting year from an irregular year to the calendar year could claim a tax deduction for reducing balance depreciation for a full year for the period between the old and the new accounting year, see the Taxation Act of 1911 section 44 subsection 1 c. Reference: HR-2005-00670-A, case no. 2004/1728, civil appeal.

27 April 2005 Sentencing. Sexual offence. Penal Code section 195 subsection 1, 2 c

The case concerns sentencing for sexual offences, including two counts of sexual assault of a six year old girl, see the Penal Code section 195 subsection 1, first sentence and subsection 2 c. The Court reduced the sentence of the Court of Appeal to 15 months’ imprisonment. Reference: HR-2005-00663-A, case no. 2005/170, criminal appeal.

27 April 2005 Sentencing. Attempted rape. Penal Code section 192 subsection 1 a

The case concerns sentencing for attempted rape committed by a man who had a previous conviction for rape committed before he was 18 years old. Reference: HR-2005-00665-A, case no. 2005/252, criminal appeal.

27 April 2005 Sentencing. Sexual assault. Compensation for non-economic loss

The case concerns sentencing for inter alia two counts of sexual assault of children below the age of 14 years in violation of section 195 subsection 1 of the Penal Code, and compensation for non-economic loss to the victims. The main issue in the case was whether it was appropriate to make a community service order. The Court made statements on the conditions that must be fulfilled in order that an accused can be said to have made a “full confession” within the terms of section 59 subsection 2 of the Penal Code. Six months of a sentence of two years and one month’s imprisonment was deferred. Reference: HR-2005-00666-A, case no. 2005/246, criminal appeal.

27 April 2005 Sentencing. Sexual offence. Penal Code section 195 subsection 1, second sentencing al

The case concerns sentencing for sexual assault pursuant to the Penal Code section 195 subsection 1, second sentencing alternative. The main issue in the case was whether it was appropriate to make a community service order in a case concerning sexual assault including sexual intercourse of a child below 14 years of age. Reference: HR-2005-00667-A, case no. 2005/303, criminal appeal.

27 April 2005 Dividend pursuant to the Limited Companies Act section 8-4

The case concerns the payment of a dividend calculated pursuant to section 8-4 of the Limited Liability Companies Act, more particularly whether the dividend should be calculated on the basis of the shareholding at the date of the general meeting’s resolution to issue the dividend, or on the basis of the reduced shareholding at the date of the decision of the court. Reference: HR-2005-00662-A, case no. sso/25, civil appeal.

27 April 2005 Social security law. Invalidity pension. Date of invalidity

The case concerns the determination of the date of invalidity pursuant to section 12-10 of the National Insurance Act. Section 12-10 cf. section 12-7 of the National Insurance Act must be interpreted such that the relevant date is when the earning capacity is reduced by at least a half, and, where the applicant is an employee as opposed to an independent contractor, without regard to the provisions of section 12-7 subsection 2 third sentence. Reference: HR-2005-00664-A, case no. 2005/109, civil appeal.

22 April 2005 Employment law. Summary dismissal. Downloading of pornographic material

The case concerns the validity of a summary dismissal on the grounds that the employees had unlawfully used the employer’s computers to download pornographic material. Reference: HR-2005-00649-A, case no. 2004/1776, civil appeal.

21 April 2005 Social security law. Occupational injury. National Insurance Act section 13-4

The case concerns the validity of a decision of the Social Security Tribunal in a case concerning a claim for compensation for permanent injury pursuant to section 13-17 of the National Insurance Act. The issue in the case was whether a woman’s lung cancer could fully qualify as an occupational injury in circumstances where the lung cancer was both a result of her having smoked for many years and of exposure to passive smoking in the workplace, see section 13-4 subsection 2 of the National Insurance Act. Reference: HR-2005-00634-A, case no. 2004/1536, civil appeal.

21 April 2005 Estate agent’s claim for commission

The case concerns an estate agent’s claim for commission pursuant to section 4-2 subsection 2, cf. subsection 4 of the Estate Agents Act in connection with the sale of a property in Sweden. The issue in the case was whether the question whether the parties were legally bound should be determined in accordance with Norwegian or Swedish law. Reference: HR-2005-00641-A, case no. 2004/1746, civil appeal.

20 April 2005 Storage of drugs. Sentencing. Community service. Penal Code section 162 subsections 1

The case concerns sentencing for the storage of approx 7 kg of hashish and approx 60 g of cocaine, primarily whether a community service order should be imposed. Reference: HR-2005-00629-A, case no. 2005/153, criminal appeal.

20 April 2005 Nature Conservation Act section 20b

The case concerns an appeal against a judicial assessment where compensation was awarded for financial loss following the imposition of a limitation on user pursuant to section 20b of the Nature Conservation Act 1970. Reference: HR-2005-00628-A, case no. 2004/1707, civil appeal.

20 April 2004 Sale of goods. Proprietary right in the goods. Cancellation of purchase

The main issue in the case was whether the seller’s supplier had claimed a right in the goods which gave the buyer the right to cancel the contract, see the Sale of Goods Act 1988 section 41 subsection 3, cf. section 39 subsection 1. Reference: HR-2005-00630-A, case no. 2004/1619, civil appeal.

19 April 2005 Criminal procedure. Directions to jury. Criminal Procedure Act section 370 subsection

The issue in the case was whether the Court of Appeal had made a procedural error when it gave supplementary directions to the jury in the jury room and not in open court, and whether the guidelines given to the jury in the supplementary directions were based on a proper interpretation of the law. Reference: HR 2005-00616-A, case no 2005/133, criminal appeal.

7 April 2005 Lawyer’s practicing licence. Compensation. Courts of Justice Act sections 220 and 230

The issue in the case was whether a lawyer whose practicing licence had been revoked was entitled to a new licence when the circumstances that had led to the revocation were put right, and, if so, whether the State was liable to compensate the financial loss suffered when the application for the return of the licence was refused. Reference: HR 2005-00545-A, case no. 2004/1295, civil appeal.

6 April 2005 Community service. Penal Code sections 28a, 162 subsections 1 and 2 cf. subsection 5

The case concerns the imposition of a community service order for the possession of approximately 1.8 kg of methamphetamine (ecstasy). Dissent 3-2. Reference: HR 2005-00543-A, case no. 2005/66, criminal appeal.

6. April 2005 Tax law. The Taxation Act 1911 sections 19A-2, 19A-3, 19A-4 and 26

The first issue in the case was whether a local authority was the proper tax subject for natural resources tax and economic rent tax pursuant to the Taxation Act of 1911 sections 19A-2, 19A-3, 19A-4, for three power plants that were on lease to a county authority power company. The second issue in the case was whether the local authority was liable for tax on the rent paid under the lease pursuant to section 26 subsection 1 second sentence, and the relevance for taxation purposes of the fact that the rent was paid as a single lump sum. Reference: HR 2005-00541-A, case no. 2004/1273, civil appeal.

31 March 2005 Legal competence of lay judge.

Courts of Justice Act section 108. The issue in the case was whether an expert lay judge in the district court was disqualified from acting pursuant to section 108 of the Courts of Justice Act. The order of the Court of Appeal was quashed. Reference: HR 2005-0049-A, case no. 2005/32, criminal appeal.

31 March 2005 Sentencing. Drug offence.

Penal Code section 162 subsections 1 and 2 cf. subsection 5. The case concerns sentencing for attempted storage of 450g amphetamine in prison. The sentence was reduced to a term of imprisonment of two years and three months. Reference: HR-2005-00491-A, case no. 2005/250, criminal appeal.

18 March 2005 Sentencing. Drug offence. Community service.

Penal Code section 162 subsections 1 and 2 cf. subsection 5. Penal Code section 28a. The accused was convicted of the illegal sale of 100 g of amphetamine and 300 rohypnol tablets, and for the purchase and storage of 900 rohypnol tablets. The main issue was whether there were grounds for imposing a community service order. The Supreme Court attached weight to the fact that it took 3 ½ years from the date when the offences were committed until the investigation was completed, and that the accused was in the middle of taking an education. The sentence was fixed at 300 hours’ community service. Reference: HR-2005-00446-A, case no. 2005/120, criminal appeal.

17 March 2005 Land Consolidation Act

The issue in the case was whether an appeal against the Land Consolidation Court’s determination of compensation should have been heard by the Land Consolidation Appeal Court or by the Court of Appeal. Reference: HR-2005-00417-A, case no. 2004/1570, criminal appeal.

17 March 2005 Criminal law. Homicide.

Conversion of preventive detention to protective custody. Penal Code section 39a. The case concerns the conversion of a preventive detention order into a protective custody order following conviction for murder by poisoning with intent. Reference: HR-2005-00428-A, case no. 2004/1804, criminal appeal.

17 March 2005 Protective custody. Penal Code section 39a

The case concerns sentencing for, amongst other things, attempted murder with intent and breach of section 148 of the Penal Code – causing an explosion which may easily result in loss of human life – and the measure of compensation for non-economic loss payable to the victim. The main issue in determining the sentence was whether there were grounds for imposing a protective custody order. The majority of the Supreme Court voted for a protective custody order for a maximum term of 15 years and a minimum term of 10 years. The Supreme Court dismissed the appeal against the Court of Appeal’s judgement regarding compensation to the victim. Reference: HR-2005-00429-A, case no.2004/1813, criminal appeal.

17 March 2005 Procedural error in the Court of Appeal

The main issue before the Supreme Court was whether there had been an error in procedure when the jury in a criminal case before the Court of Appeal had been allowed to go home for the night after they had started deliberations on the question of guilt but before they had reached a conclusion. The appeal was dismissed. Reference: HR-2005-00430-A, case no. 2004/1854, criminal appeal.

17 march 2005 Grievous bodily harm and threats. Protective custody.

Penal Code section 231 first sentencing alternative cf. section 232. Penal Code section 39 c no. 1 The case concerns sentencing following a conviction for grievous bodily harm and threats. The issue in the case was whether there were grounds for making a protective custody order pursuant to section 39 no. 1 of the Penal Code. Reference: HR-2005-00433-A, case no. 2004/1871, criminal appeal.

17 March 2005 Taxation law. Depreciation.

Taxation Act section 14-41 subsection 1 (g) and (h) The case concerns the validity of the decision of the Trondheim Tax Appeal Board relating to the reversal of depreciation claimed on two properties for the fiscal year 2000. The salient question was whether the properties were to be classified as “construction and buildings” or as “commercial buildings” within the terms of section 14-41 (g) and (h) of the Taxation Act. Reference: HR-2005-00435-A, case no. 2004/1767, civil appeal.

17 March 2005 Sentencing. Drug offences II

Penal Code section 162 subsections 1 and 3. Penal Code section 162 subsections 1 and 2 A was convicted and sentenced to four years and nine months’ imprisonment for the illegal import of 1200 g of 16 % heroin (equivalent to 200 g pure heroin). He was given a rebate in sentence on account of the fact that he had made a full confession to the police and had cooperated with the police during the police investigation. With regard to a second accused, B, who was to have collected the drugs from A, the intent was deemed to cover 15-20 g of heroin, and the sentence was fixed at 1 year and two months’ imprisonment. Reference: HR-2005- 00436-A, case no. 2004/1749, criminal appeal and case no. 2004/1754, criminal appeal.

17 March 2005 Sentencing. Drug offences.

Penal Code section 162 subsections 1 and 2, cf. subsection 5. Criminal Procedure Act section 243 subsection 2 no. 3 cf. section 294 The case concerns the quashing of two decisions of the Court of Appeal due to the assessment of evidence related to lack of knowledge of communication control. The accused was convicted and sentenced to two years’ imprisonment for the sale and distribution of approx 45 g of heroin, storage of 3.8 kg of hashish, receiving stolen goods and illegal possession of firearms. The Court attached mitigating weight to the long time that had passed since the offences were committed and to the accused’s psychological problems. Reference: HR-2005-00439-A, case no.2004/1037, criminal appeal and case no. 2004/1792, criminal appeal.

15 March 2005 Sale of goods.

Termination without notice, damages, time-limit for submitting complaint, default interest. Sale of Goods Act section 18 subsection 1 and sections 32, 39, 65 and 67. The case concerns a claim for termination of the contract without notice and damages on the grounds that the goods did not answer to the description that the seller had provided in his marketing of the goods, see the Sale of Goods Act section 18 subsection 1. Reference: HR-2005-00392-A, case no. 2004/1400, civil appeal.

15 March 2005 Contract law, breach of contract and damages in contract.

The issue in the case was whether a binding agreement had been entered into between a fish slaughterhouse and the manufacturer of farmed salmon regarding the slaughter of fish, whether there was breach of contract and damages. Reference: HR-2005-00397-A, case no. 2004/1351, civil appeal.

11 March 2005 Deportation II

Immigration Act section 29 subsection 2 (as it applied prior to a statutory amendment in 2004). ECHR Article 8. International Convention on the Rights of the Child Article 3(1) The case concerns the validity of a deportation order and a prohibition against re-entry for two years issued pursuant to the Immigration Act. The issue in the case was whether the order was disproportionate towards the foreigner’s closest family, see section 29 subsection of the Immigration Act. Reference: HR-2005-00374-A, case no. 2004/1629, civil appeal.

11 March 2005 Deportation.

Immigration Act section 29 subsection 1 (c) and subsection 2 first sentence as they applied prior to a statutory amendment in 2004 The case concerns the validity of a deportation order issued by the immigration authorities in respect of a foreigner who was convicted in Norway of, among other things, grievous bodily harm, see section 29 subsection 1 (c) of the Immigration Act. Section 29 of the Immigration Act contains a requirement that the deportation order must not be disproportionate towards the foreigner or his family bearing in mind the seriousness of the offence and the foreigner’s association to Norway. One of the main issues in the case was the relevance and weight to be attached when making this assessment to the fact that the person in question had moved to Norway when he was quite young. Reference: HR-2005-00375-A, case no. 2004/1631, civil appeal.

8 March 2005 Sentencing. False testimony. Community service. Penal Code section 166

The issue in the case was whether there were grounds for making a community service order following a conviction for, among other things, aiding and abetting false testimony. Reference: HR-2005-00344-A, case no. 2005/72 and case no. 2005/73, criminal appeals.

3 March 2005 Compensation law. Road Transport Act sections 1, 5, 28, 29 and 41.

Security Services Act 1988. Interpretation of contract The case concerns liability for loss incurred following the robbery of a cash transport vehicle. The Supreme Court upheld the judgement of the Court of Appeal. Reference: HR-2005-00327-A, case no. 2004/1256, civil appeal.

3 March 2005 Sentencing. Social security fraud. Penal Code sections 166, 270, 271 and 271a

The case concerns sentencing for grossly negligent aggravated social security fraud, in particular whether there was grounds for imposing either a conditional sentence of imprisonment or community service order. Reference: HR-2005-00328-A, case no. 2005/53, criminal appeal.

1 March 2005 Sentencing. Speeding. Community service. Road Traffic Act section 31 cf. section 5 su

The case concerns sentencing for 60 km/h speed limit zone. The primary issue was whether there were grounds for imposing a community service order. Reference: HR-2005-00309-A, case no. 2005/1, criminal appeal.

1 March 2005 Sentencing. Speeding. Community service. Road Traffic Act section 31 and section 5.

The case concerns sentencing for speeding – 155 km/h in an area with a speed limit of 100 km/h. The primary issue was whether there were grounds for imposing a community service order. Reference: HR-2005-00310-A, case no. 2004/1799, criminal appeal.

28 February 2005 Sentencing. Failure to assist at the scene of a road traffic accident, false repor

The case concerns sentencing for breach of the Penal Code section 171 no. 1 (false reporting of a criminal offence) and section 228 subsection 1 (assault), and breach of section 31 cf. section 12 subsection 1 of the Road Traffic Act. Reference: HR-2005-00299-A, case no. 2005/55, criminal appeal.

18 February 2005 Sentencing. Compensation for non-economic loss.

Penal Code section 193 subsection 2 The case concerns sentencing and the computation of compensation for non-economic loss for sexual assault of a severely mentally handicapped woman perpetrated by two men acting together, see the Penal Code section 193 subsection 2. Reference: HR-2005-00258-A, case no. 2004/1586, criminal appeal.

18 February 2005 Sentencing. Community service.

Breach of accounting, reporting and excise legislation. The case concerns sentencing for breach of the Value Added Tax Act, the Tax Assessment Act and the Accounting Act, in particular the question whether a community service order could be imposed, see section 28a of the Penal Code. Reference: HR-2005-00259-A, case no. 2004/1862, criminal appeal.

16 February 2005 Sentencing. Rape. Protective custody.

Penal Code section 192 subsection1(a), cf. subsection3(c). Penal Code section 39c. The case concerns sentencing – including the issue of protective custody –following conviction for rape in circumstances where the accused had previously been convicted of two instances of rape some 10 years previously. Reference: HR-20056-00246-A, case no. 2004/1753, criminal appeal.

9 February 2005 Loss of driving licence. Driving licence regulations

The issue before the Supreme Court related to the confiscation of a driving licence from a man who was convicted of a number of assaults against his wife. The accused had, amongst other things, used a car as a tool in a frightening and intentional aggravated criminal damage and intentional breach of section 3 of the Road Traffic Act (due care and attention). Reference: HR-2005-00209-A, case no. 2004/1888, criminal appeal.

8 February 2005 Compensation for economic and non-economic loss.

Liability in damages for the mentally ill. The case concerns a claim for compensation for non-economic loss pursuant to the Compensation Act section 3-5 cf. section 1-3 for physical and mental injury suffered by the victim of an attempted murder where the attempted murderer was mentally ill at the time the offence took place. Reference: HR-2005-00202-A, case no. 2004/757, civil appeal.

8 February 2005 Sentencing. Tax and excise evasion. Penal Code section 27

The case concerns sentencing for tax and excise evasion, in particular the question whether and to what extent the level of additional surcharge is relevant when determining the amount of the fine to be imposed in criminal proceedings. Reference: HR-2005-00203-A, case no. 2004/1762, criminal appeal.

8 February 2005 Customs duty. Customs Act section 37.

The customs authorities discretion and judicial review of administrative action. The case concerns the validity of a decision made by the Norwegian Customs and Excise Directorate concerning the computation of value added tax and boat engine tax for three vessels that were imported to Norway subject to a provisional exemption from import duty. The person responsible for paying the tax is the “owner of the goods” within the terms of section 37 of the Customs Act. The issue in the case was whether a person who purchased the vessels more than two years after they were imported to Norway, was liable for the import duty. Reference: HR-2005-00206-A, case no. 2004/1358, civil appeal.

8 February 2005 Sentencing. Sexual offence

The case concerns sentencing and compensation for non-economic loss in circumstances where a 30 year old man had sexual intercourse with a girl aged 14 years and 11 months; see the Penal Code section 196 subsection 1. Reference: HR-2005-00207-A, case no. 2004/1676, criminal appeal.

4 February 2005 Sexual offence. Penal Code section 196

The case concerns sentencing for sexual assault of a child below the age of 16 years where the offence was committed by several persons acting together, see the Penal Code section 196 subsection 1, cf subsection 2(a). Reference: HR-2005-00194-A, case no. 2004/1515, criminal appeal.

2 February 2005 Taxation law. Demerger.

Company Taxation Act section 8-1, 8-4 and 8-7. Limited Liability Companies Act (1976) section 6-1 The case concerns the conditions for a tax free demerger pursuant to chapter 8 of the Company Taxation Act of 1991, and the adjustment of income to take account of additional share dividends paid out after the demerger. Reference: HR-2005-00181-A, case no. 2004/1291, civil appeal.

1 February 2005 Environment law. Illegal killing of wolverine. Gaming Act section 56

Four men were sentenced to 21 days’ imprisonment and their hunting and fishing rights were suspended for a period of two years for the illegal killing of wolverine and for breach of the Act of 10 June 1977 relating to motorized traffic on uncultivated land and in watercourses. Reference: HR-2005-00162-A, case no. 2004/1594, criminal appeal.

1 February 2005 Sentencing. Homicide, aggravated robbery.

Penal Code section 233 subsections 1 and 2, section 268 subsection 1 and 3 cf. section 267 The case concerns sentencing of two men, the first of whom was convicted of homicide and aggravated robbery, and the second of whom was convicted of aggravated robbery leading to loss of life. Reference: HR-2005-00171-A, case no. 2004/1648, criminal appeal.

27 January 2005 Compensation. NAPSTER

The case concerns a claim for damages pursuant to section 55 of the Copyright Act where the defendant had made and placed links to protected works on the internet, more particularly music file in mp3 format. Reference: HR-2005-00133-A, case no 2004/822, civil appeal.

27 January 2005 Compensation

The issue in the case was whether a telecommunications network company could claim damages against a construction company that severed one of the company’s electric cables, thereby causing a power cut and loss of income. Reference: HR-2005-00138-A, case no. 2004/1352, civil appeal.

26 January 2005 Sexual offences. Sentencing

The case concerns sentencing for breach of the Penal Code section 195 subsection 1 second sentencing alternative, where a man aged 17 years and 10 months had sexual intercourse with a girl who in a few days time would have been 13 years old. Reference: HR-2005-00130-A, case no. 2004/1621, criminal appeal.

26 January 2005 Implementation of Sentences Act section 58, Penal Code section 28b

International Convention on the Rights of the Child Article 3(1) and Article 37(b) The case concerns a further interlocutory appeal against an order for partial implementation of a suspended prison sentence that was made supplementary to a community service order. The issue before the Supreme Court was whether the order of the Court of Appeal was in violation of the UN Convention on the Rights of the Child. Reference: HR-2005-00131-A, case no. 2004/1488, criminal interlocutory appeal.

26 January 2005 Sentencing. Drug offence.

Penal Code section 162 subsection 1, Penal Code section 60 The case concerns sentencing of a heavily addicted drug addict for the purchase of small amounts of amphetamine and hashish for his own use. A minority of the Supreme Court found that a fine of NOK 2 500 was sufficient, and that this should be deemed to have been satisfied on account of time spent on remand in custody. The majority of the Court, however, sentenced the accused to 14 days’ imprisonment. The Court held unanimously that the sentence should be reduced by three days for time held on remand in police custody, in accordance with the rules relating to remand in isolation. Reference: HR-2005-00132-A, case no. 2004/1646, criminal appeal.

19 January 2005 Housing law. Contract law. Limitation

The issue in the case was whether a tenant could terminate a lease and claim compensation for additional removal costs where an industrial property could no longer be used for the purpose for which it was leased on account of noise outside the property caused by the landlord’s business. Reference: HR-2005-00089-A, case no. 2004/1214, civil appeal.