Combined convictions

Justices: Møse, Webster, Arntzen, Bergh, Østensen Berglund

A Norwegian citizen was sentenced to 14 years of imprisonment in Norway for aggravated drug offences. After the District Court's conviction, he committed new aggravated drug offences in Sweden, for which he was, there, sentenced to 10 years of imprisonment. Both sentences are to be served in Norway. The Supreme Court, having conducted an oral hearing, dismissed the convicted person's request for combined convictions in analogy with section 49 of the Criminal Procedure Act. The request concerned the first conviction, but there was no basis for a follow-up sentence in accordance with section 82 of the Penal Code, and a free application of section 49 of the Criminal Procedure Act based on combination under Swedish rules, would conflict with the system for Nordic cooperation within criminal law. The imprisonment in Norway also implied that it was not possible to combine the two convictions at the time of enforcement. Section 49 could not in any case be given such wide analogous application as that requested. It was the pardon system and the possibilities of advanced probation under section 42 of the Execution of Sentences Act that could remedy long aggregate sentences in a case like that at hand.