Partial execution of prison sentence after breach of conditions for drug-treatment programme under court control

Justices: Indreberg, Matheson, Ringnes, Bergh, Lindsetmo

A woman was given a suspended sentence of one year and six months of imprisonment on the condition that she undergo a drug-treatment programme under court control, see section 37 subsection 1 (e) of the Penal Code. Because she breached the conditions set out in the programme, the prosecution authority applied for execution of the suspended sentence. The Supreme Court stated that section 39 subsection 2 was a legal basis for deduction for the partially completed drug-treatment programme. It then had to be decided how much of the sentence was to be executed and how much was to be dropped. The treatment period that had actually been completed was considered an appropriate starting point for the deduction. Emphasis had to be placed on how long she had actually been subject to the programme, and not on when she breached it. Since the programme was delayed, the date of the actual commencement was decisive. This implied a two-third completion, which in turn gave a remaining sentence to be executed of six months. After making a correction for her poor compliance with the programme, while at the same time taking the delayed start-up into account in her favour, the Court decided that eight months of the sentence were to be executed.