Sentence for abuse in close relationships.

Justices: Matningsdal, Kallerud, Bergsjø, Ringnes, Steinsvik

The penalty for violation of section 283 cf. section 282 of the Penal Code was three years of imprisonment. The convicted woman had chosen not to call for necessary - ultimately life-saving - help to her 13-year old daughter who suffered from an eating disorder. Her daughter died after living in a cabin for several months with her mother, who had misguided the authorities of their whereabouts. Here, her daughter's condition deteriorated critically, resulting in considerable harm to her body and health. The Supreme Court found that the mother's omission undoubtedly created a situation of serious and repeated abuse, covered by section 282 of the Penal Code. The abuse was also aggravated as it resulted in the death of her daughter, see section 283 of the Penal Code. Section 288 could not be applied for the same offence as covered by section 282. In the sentencing, it was considered decisive that the defendant had actively prevented her daughter from receiving necessary health care, and that there were strong considerations of general deterrence related to the safeguarding of children's legal protection. The fact that her motive was to help her daughter could not be heard. The daughter's father was awarded damages of NOK 125 000 for non-economic loss.