Aggregate sentence for drug offences

Justices: Endresen, Matheson, Falch, Østensen Berglund, Steinsvik

The penalty for violation of section 232 subsection 1 of the Penal Code cf. section 231 subsection 1 was three years and six months of imprisonment. The convicted person had had dealings with 473 grams of amphetamine, among other things. The offences had been committed during the probation period for a previous suspended sentence of one year and eight months of imprisonment, conditional on the completion of a drug treatment programme under court control. The sentence was stipulated as an aggregate sentence under section 39 subsection 3 of the Penal Code. Regarding the stipulation of the aggregate sentence in this situation, the Supreme Court stated that an overall assessment must be made of the offences included in the aggregate sentence. The aggregate sentence must be lower than the sum of the remaining sentence and the sentence for the new offences, but stricter than what a follow-up sentence under section 82 of the Penal Code in aggregate would be.