Abuse in close relationships - inconclusive reasoning
Supreme Court judgment 26 September 2019, HR-2019-1787-A, (case no. 19-74677STR-HRET), criminal case, appeal against judgment.
A (Counsel Mette Yvonne Larsen) v. The Public Prosecution Authority (Counsel Heidi Reinholdt-Østbye)
Justices: Matningsdal, Matheson, Noer, Falch, Thyness
The court of appeal had sentenced a man to six months of imprisonment for abuse of his wife over a period of around 11 months, see section 219 subsection 1 of the 1902 Penal Code and section 282 (a) of the 2005 Penal Code. The offence described in the court of appeal's judgment consisted of one moderate act of violence in addition to psychological harassing behaviour. The circumstances described were mostly at the lower end of what could be considered punishable. The Supreme Court stated that it could not be read from the Court of Appeal's reasoning that the defendant's method of operation was of such scope and gravity that it constituted abuse within the meaning of the law. The Court of Appeal's judgment was set aside.