Criminal liability for dealings with explosives

Justices: Møse, Normann, Arntzen, Thyness, Sverdrup

The penalty for violation of section 190 subsection 2 of the Penal Code was 30 days of imprisonment. The convicted person had for a long period stored an explosive material, precursors for explosives and a number of explosion or flammable materials and oxidising materials. The Supreme Court considered the circumstances so aggravated that they were covered under section 190 subsection 2 and not just under the penal provisions of the Prevention of Fire and Explosions Act. The offence was however not covered by section 191 of the Penal Code. In that regard, it was pointed out that the convicted person had not had any connections to organised crime, and that the stored amount of explosives and precursors was relatively limited. A deduction was granted for lengthy proceedings.