Community sentence for physical assault

Justices: Matningsdal, Møse, Normann, Bull, Sæbø

The sentence for violation of section 271 of the Penal Code was 42 hours of community service over a period of 120 days, alternatively 36 days of imprisonment. The defendant had struck the aggrieved party in the face with his fist, causing a nose fracture and a cut above the eye that required three stitches. The Court of Appeal, that had sentenced the defendant under section 273 of the Penal Code, had referred to the District Court's statement that the defendant had considered it more likely than not, that an injury could be sustained from the strike. This was an error in law, as the defendant had to have considered it certain or most likely that the strike would cause an injury to establish intent. The Supreme Court found that the act was instead physical assault covered by section 271. It was an aggravating factor that the act had been committed late Saturday at a petrol station. It was mitigating that the defendant had confessed, that the blow had been provoked by a statement from the aggrieved party and that 2 ½ years had passed since the act was committed. The defendant could not be blamed for the lack of progress in the case. The District Court's conviction under section 201 (b) of the  Penal Code 1902 was set aside, as the act had been committed in Greece, and the District Court had not discussed the requirement of dual criminality under section 12 (3) (c) of the Penal Code 1902.