Sentence for aggravated insurance fraud

Justices: Matningsdal, Matheson, Kallerud, Falch, Høgetveit Berg

The penalty for violation of section 352 subsection 2, cf. subsection 1, and section 376, cf. section 375 subsection 1 of the Penal Code, was six years and six months of imprisonment. The convicted person had participated, with his brother, in the planning and execution of arson to a hotel, which they owned together. The restauration costs were estimated to NOK 93.7 million. The Supreme Court took as a starting point the basic offence – the insurance fraud – and increased the sentence due to the vandalism, which was directly included in the description of the fraud. It was considered aggravating that the offence had been committed together with another person and that it was planned and executed over time. However, the Court found that the convicted person had only participated in the final phase of the concrete planning and preparations. One year of imprisonment for offences of which the person had been convicted in the District Court, and which had not been appealed, was added to the penalty for the insurance fraud and the vandalism.