Indictment for attempted homicide

Justices: Bull, Falch, Østensen Berglund, Lindsetmo

The Court of Appeal had acquitted a man of attempted homicide under section 233, cf. section 49 of the 1902 Penal Code. The Supreme Court held that the Court of Appeal should have assessed whether to convict the man of attempted threats under section 227, cf. section 49 of the 1902 Penal Code. In that case, the court would not go beyond the scope of section 38 of the Criminal Procedure Act. The defendant would have been convicted of the same acts as those described in the indictment, and the interests the two penal provisions maintain are not essentially different. Although the difference in maximum sentence and normal sentence is large, it was a question of applying a less strict penal provision. The Court of Appeal's judgment was set aside for the part that concerned the acquittal for attempted homicide. Dissenting votes 4-1.