Sentence for bodily harm

Justices: Matningsdal, Kallerud, Bergsjø, Ringnes, Steinsvik

The penalty for violation of section 273 cf. section 15 of the Penal Code was one year and two months of imprisonment, of which four months were suspended with a probation period of three years. Outside a bar, the defendant together with another person had beaten and kicked the aggrieved person so severely that he incurred concussion, head and face bruises and several broken teeth. The Court emphasised that the act had been committed by multiple persons acting together, and stated that section 77 (f) is applicable also when this involves only two persons. The Court considered it an aggravating factor that the aggrieved party had small chances of defending himself after he had fallen to the ground. The defendant had previously been convicted of drug offences, see section 79 subsection 1 (b). The recurrence aspect suggested an increased sentence that was made conditional, and with a probation period of three years.