Criminal liability for passive contribution to abuse of children

Justices: Matningsdal, Webster, Noer, Kallerud, Arntzen

A mother had been convicted of aggravated abuse of her three children over a period of two and a half month, after their arrival in Norway through family immigration, see section 282 of the Penal Code 283 cf. section 282. Her husband, who was the children's stepfather and familiar with the violence, had been convicted of contribution in the Court of Appeal. The Supreme Court stated that the husband had to be considered a care person for the children. He then had a special obligation to intervene. It was within the duty of care that he, within what could be reasonably expected from him, took measures to prevent the abuse. He had made some attempts to stop it, but not enough to be exempt from contributory negligence, see section 15 of the Penal Code. The Supreme Court's majority of three justices stipulated a sentence of three years of imprisonment. Dissenting votes 3-2 with regard to the sentence.