Drug-treatment programme under court control

Justices: Matningsdal, Kallerud, Bergsjø, Ringnes, Steinsvik

The penalty for violation of section 232 subsection 2 first penalty option and section 232 subsection 1 of the Penal Code was six years of imprisonment, which was suspended in its entirety on the condition that the convicted person complete a drug-treatment programme under court control, see section 37 (f) and section 3 of Regulations on drug-treatment programmes under court control. The convicted person was a 46-year-old woman who had abused drugs for around 30 years, and who had been previously convicted seven times for drug-related offences. She was now convicted among other things of possession of nearly 10 kilos of methamphetamine. The Supreme Court found that drug-treatment programmes under court control could have a slightly wider area of application compared to previous practice. The convicted person had, since her last offence, had an extraordinarily positive development over a period of nearly three years. Among other things, she had been sober for a relatively long time and had permanent employment and a social network away from her former drug environment. She was in the core group of offenders whom the legislature intends to include in the programme. There was no doubt that an entirely suspended sentence in combination with a drug-treatment programme would make her least likely to resume the abuse and commit new offences.