Reduced sentence for a man convicted of threats against several persons and certain other offences

Justices: Indreberg, Bull, Bergsjø, Ringnes, Høgetveit Berg

The sentence for violation of sections 263, 266, 271 and 321, cf. section 79 subsection 1 (a) and (b) of the Penal Code was one year of imprisonment. The convicted person had on three occasions, on the same night, made threats of violence. One person was hit, pushed and shaken, and one had her phone taken and was pressed for money to get it back. The convicted person had been intoxicated and appeared very frightening. The Court of Appeal's majority had compared the convicted person's actions with robbery. The Supreme Court stated that this comparison was partially unclear and partially without basis in the District Court's judgment. It thus amounted to a procedural error. However, the parties agreed that the Supreme Court could give a new sentence. An aggregate sentence of eight months of imprisonment was considered suitable as a starting point. The convicted person had been convicted 17 times before, which made section 79 (b) of the Penal Code applicable. An aggregate sentence was given of one year of imprisonment.