Penalty for shaken-baby homicide

Justices: Indreberg, Normann, Bergsjø, Falch, Lindsetmo

The penalty for violation of section 333 subsection 1 of the Penal Code 1902 was 12 years of imprisonment. The defendant had shaken his 10-week-old son so harshly that the baby died from the injuries. The Supreme Court held that intent in the form of dolus eventualis – section 22 (c) of the Penal Code 2005 - had been correctly presented in the directions to the jury and in the court of appeal's judgment. There were no other aggravating circumstances, thus section 233 subsection 2 was not applicable. A credit of one year was given to the sentence due to long processing time. The defendant's appeal against the Court of Appeal's application of the law and procedure did not succeed. Dissenting votes 4-1 with regard to the sentence.