The requirement of intent in connection with homicide
Supreme Court judgment 3 June 2021, HR-2021-1207-A, (case no. 21-019432STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Authority (Counsel Daniel Sollie) v. A (Counsel Øystein Ola Storrvik)
Justices: Skoghøy, Bergsjø, Ringnes, Bergh, Steinsvik
The Court of Appeal had convicted a man of violation of section 274, cf. section 273, of the Penal Code in a case involving a homicide charge. The defendant had stabbed the aggrieved person in the chest with a relatively long and heavy knife, which caused sudden death due to massive inner bleedings. The Court of Appeal had found that the defendant's intent had not caused the death. The Supreme Court stated that it was difficult to understand how the intent to kill in the form of a probability intent – see section 22 subsection 1 (b) of the Penal Code – could not be established, and that the Court of Appeal had not given a satisfactory explanation for only establishing negligence with regard to the death. The reasoning was thus not sufficient to assess whether the reduction of the charge to aggravated bodily harm with death as result was based on a correct application of the law. The Court of Appeal's judgment and hearing were set aside.