Immediate sentence for repeated driving without a licence
Høyesteretts dom 14. oktober 2020, HR-2020-1960-A, (sak nr. 20-112885STR-HRET), straffesak, anke over dom.
A (advokat John Christian Elden) mot Påtalemyndigheten (statsadvokat Peter Andre Johansen)
Justices: Øie, Indreberg, Matheson, Bull, Steinsvik
The penalty for two violations of section 31 subsection 1 of the Road Traffic Act, cf. section 24 subsection 1 first sentence, was 15 days of imprisonment. The two offences had been committed with an interval of only two days and, in addition, during the probation period for a previous sentence concerning a similar offence. The convicted person had during the course of one year and eight months committed a total of five such offences. The Supreme Court stated that the limit between a suspended and an immediate sentence for repeated driving without a licence is normally five-six incidents, and that the convicted person's indifference towards provisions of the law relating to traffic safety had to lead to an immediate sentence.