Aggravated damages to survivors after homicide was increased in accordance with the basic amount in the National Insurance scheme

The Court of Appeal had calculated the aggravated damages to each of the survivors after intentional homicide to NOK 280,000. The Supreme Court noted that for other types of cases, such as rape involving sexual intercourse and grossly negligent homicide, standard aggravated damages have been stipulated in accordance with the basic amount in the National Insurance scheme and stated that the time had come to adjust the standard aggravated damages awarded to survivors of intentional homicide in the same way. It was pointed out that the standard aggravated damages after the last upward adjustment in 2010 amounted to slightly more than 2.5 times the basic amount, and that the Court of Appeal's calculation was consistent with this factor. For procedural reasons, it was not appropriate to go beyond the amount determined by the Court of Appeal. The convicted person’s appeal against the Court of Appeal's calculation of aggravated damages was dismissed.

Read the whole judgment (Norwegian only)

Area of law: Tort law, criminal procedure law

Key paragraphs: 28, 30, 35 og 45.

Justices: Matheson, Bull, Steinsvik, Sæther, Hellerslia