Sentence for illegal possession and sale of firearms and ammunition
Supreme Court judgment 21 June 2023, HR-2023-1158-A, (case no. 23-022036STR-HRET), criminal case, appeal against judgment.
A (Counsel Halvard Helle) v. The Public Prosecution Authority (Counsel Alf Butenschøn Skre)
The Court of Appeal had set the penalty for violation of section 191, see section § 190 of the Penal Code, see section 8 subsection 1 of the Firearms Weapons Act (1961), and for insurance fraud, at two years of imprisonment. The defendant had kept and sold a large quantity of firearms and ammunition, including many fully and semi-automatic weapons. The Supreme Court reached the same result as the Court of Appeal. A reference was made to the legislature’s desire to raise the general sentencing level for serious weapons offences, and to the fact that considerations of general deterrence called for a strict reaction to the sale of automatic weapons. The starting point was an aggregate sentence of two years and five months of imprisonment, and a reduction was made for the confession and lengthy proceedings. The defendant's appeal against the Court of Appeal's sentence was dismissed.
Read the whole judgment (Norwegian only)
Area of law: Criminal law. Section 191 of the Penal Code.
Key paragraphs: 24, 25 og 35
Justices: Indreberg, Matheson, Bull, Falch og kstdommar Magni Elsheim