Offences committed while serving a sentence are not covered by the rule on offences committed while on probation
Supreme Court judgment 14 December 2021, HR-2021-2481-A, (case no. 21-118930STR-HRET), criminal case, appeal against judgment.
A (Counsel Berit Reiss-Andersen) v. The Public Prosecution Authority (Counsel Erik Førde)
Justices: Indreberg, Matheson, Kallerud, Høgetveit Berg, Steinsvik
A convicted person in a major drug case had committed new offences, both while living in a transitional residence and still serving his sentence and after being released on probation. Unlike the Court of Appeal, the Supreme Court found that section 45 subsection 1 first sentence of the Execution of Sentences Act could not be applied to the offence committed by the convicted person while he was still serving his prison sentence. However, the offence committed during the probation period provided a basis for determining a single sentence that included the penalty remaining after the previous sentence. The penalty level for the new offences was set at imprisonment in excess of two years for handing over approximately half a kilo of cocaine and six to seven months for storing approximately one kilo of hashish, see sections 231 and 232 of the Penal Code. The single sentence combined with the remaining penalty of four years and eight months after the previous penalty, was set at six years and six months after a certain reduction had been made to the remaining penalty.