Judgment set aside because the defendant should have been summoned

Justices: Endresen,  Indreberg, Matheson, Bull, Høgetveit Berg 

The Court of Appeal had given judgment in a criminal case where the prosecution authority had appealed against the District Court's sentence, in the absence of the defendant. The defendant did not show up at the hearing. The Court of Appeal allowed the appeal nevertheless, as it considered the defendant's presence superfluous, see section 336, cf. section 334 subsection 1 second sentence of the Criminal Procedure Act. The Supreme Court referred to preparatory works stating that the defendant is to be summoned when the prosecution authority has appealed against the sentence. It could also not be assumed that the defendant had absconded. The Court of Appeal's judgment and hearing were set aside.