Interpretation of "considerable harm" in section 11 of the Penal Code

Justices: Indreberg, Falkanger, Kallerud, Falch, Steinsvik

After being hit by a car, a cyclist was on a 100 percent sick leave for eight weeks and on a 50 percent sick leave for five weeks. The Supreme Court found that a sickness condition lasting for about three months after an injury must be considered «considerable harm» in the form of a «protracted disease», see the definition in section 11 of the Penal Code. The requirement had to be considered met during the period the aggrieved person was absent by at least 50 percent. Section 280 of the Penal Code was therefore applicable in the criminal case against the driver.