Preventive detention for young perpetrator

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

The penalty for violation of section 275, cf. section 16 of the Penal Code was four years of preventive detention. The convicted person was 17 years and three months old when he tried to kill a random person with a total of 53 stabs. The ordinary conditions for preventive detention were clearly met. The attempted homicide, considered in conjunction with the convicted person's general behavior pattern and social and personal ability to function, also constituted extraordinary circumstances. The risk of repetition of aggravated violence was particularly high. The protection of society could not be maintained in any other manner. Against this background, the special condition for defendants under the age of 18, see section 40 subsection 1 final sentence of the Penal Code, was also considered met.