Sentence for attempted aggravated removal from care under section 261 subsection 2 of the Penal Code
Supreme Court judgment 26 June 2020, HR-2020-1356-A, (case no. 20-042676STR-HRET), criminal case, appeal against judgment.
A (Counsel Halvard Helle), B (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Vibeke Gjøslien Martins)
Justices: Indreberg, Normann, Bull, Ringnes, Falch
The penalties for violation of section 261 subsection 1, cf. section 16, cf. section 15 of the Penal Code were 10 and eight months of imprisonment, respectively, for the two defendants. They had planned, together with a third person, to kidnap a small child of which the child welfare services had taken over the care, and travel with the child via Sweden to Poland. One of the two, who was the child's grandmother on the father's side, was central in the planning, while the other played a more remote part. He was to drive a car that was to hide the planned attack. The attempt was made as the foster mother was bringing the child to see its father. The third person involved attacked the foster mother with tear gas and pulled the child from her arms, but was stopped by a random passer-by. The Supreme Court stated that strong considerations of general deterrence suggest strict sentences. It had to be emphasised that the attempted removal from care, which took place in a frightening and ruthless manner, had large negative effects on the child. It was also aggravating that the child was attempted removed from the care of the child welfare services. The sentences should as a starting point be in excess of one year and ten months of imprisonment, respectively. A reduction of two months was granted to both due to delay.