Violence against particularly exposed occupational groups and bodily harm towards ticket collector
Supreme Court judgment 4 November 2020, HR-2020-2126-A, (case no. 20-095989STR-HRET), criminal case, appeal against judgment.
I.
The Public Prosecution Authority (Counsel Ingrid Vormeland Salte) v. A (Counsel Aurora Lindeland Geelmuyden)
II.
A (Counsel Aurora Lindeland Geelmuyden) v. The Public Prosecution Authority (Counsel Ingrid Vormeland Salte)
Justices: Skoghøy, Falkanger, Bull, Falch, Thyness
A bus passenger had hit a security guard who was inspecting tickets, when the security guard physically retained him. The Supreme Court found like the Court of Appeal that the retention was unlawful, as section 33 subsection 2 of the Professional Transport Act must be interpreted to mean that hired-out ticket inspectors may only physically retain passengers when this is done in cooperation with a permanent employee of the transport company. Since the retention was unlawful, the security guard was not protected by section 286 of Penal Code. The Court of Appeal's conviction under section 271 was upheld. Although the hit was a response to the security guard's unlawful use of force, it was a disproportionate reaction, which implied that section 271 subsection 2 on provocation was not applicable. The Prosecution Authority's appeal against the Court of Appeal's application of the law and the defendant's appeal against the Court of Appeal's sentence was dismissed.