Sentence for breach of entry ban after expulsion

Justices: Møse, Matheson, Bergsjø, Thyness, Steinsvik

The penalty for violation of section 108 subsection 3 (e), cf. section 71 subsection 2, was one year of imprisonment. The defendant, who was an Eritrean citizen with residence in Italy, had come to Norway despite having been expelled three years earlier with a five-year entry ban. The Supreme Court based its ruling on clear statements in preparatory works that the general penalty level for first-time violation of an entry ban should not be less than one year of imprisonment. Mitigating circumstances may be emphasised to some extent in the sentencing, but the admission to impose a sentence below the normal sentence level is narrow. The possibility of exercising judicial discretion is minor compared to in cases without similarly clear guidelines on the general sentence level from the legislature. In the individual assessment, the Supreme Court found that neither a respectable purpose of entry such as the christening of a nephew, the short duration of the stay nor the connection to the country of residence was sufficient to depart from the normal sentence level.