Community sentence or imprisonment for aggravated drug offence

Justices: Webster, Matheson, Bull, Høgetveit Berg, Lindsetmo 

The penalty for violation of section 232 subsection 1, cf. section 231 subsection 1 of the Penal Code was two years of imprisonment, of which one year was suspended. The convicted person had imported 645 grams of cocaine from Germany to Norway. She was the only care person for five children from the age of 15 to three months. The Supreme Court found that the care of the children was not sufficient reason for imposing community sentence under section 48 subsection 2, cf. subsection 1 a of the Penal Code. The consideration for the children strongly suggested community sentence, but the consideration for general deterrence was stronger and indicated imprisonment rather than community sentence. The Court argued that the convicted person had a clear profit incentive and that the important amount involved a considerable risk of distribution. The Court emphasised the help offered by the Norwegian Correctional Service to make parents' serving of time less strenuous to the children, and the fact that one year of the sentence was suspended.