The conditions for committal to psychiatric care were met
Supreme Court judgment 29 June 2023, HR-2023-1248-A, (case no. 23-055497STR-HRET), criminal case, appeal against judgment.
A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Trine Erdal)
The Court of Appeal had sentenced a 54-year-old man to psychiatric care, see section 62 subsection 2 of the Penal Code. He had committed a total of 40 offenses over a period of six months, including threats to the police and others, insulting the police, vandalism, disturbance of the peace and a large number of thefts. He was found unaccountable at the time of the acts. The Supreme Court found it clear that the conditions in section 62 subsection 2 regarding repeated offenses that are harmful to society or particularly bothersome were met. He had continued to intoxicate himself and commit offenses despite a number of different measures over a long period of time to help him stop the abuse, which had been a contributing factor to his illness and conduct. Other measures had thus proven be clearly unsuitable. Committal to psychiatric care was also considered necessary to protect society. Consequently, all conditions for committal to psychiatric care were met. The appeal against the Court of Appeal's judgment was dismissed.
Read the whole judgment (Norwegian only)
Area of law: Criminal law. Special reactions. Section 62 subsection 2 of the Penal Code.
Key paragraphs: 36 – 40
Justices: Indreberg, Webster, Normann, Sæther, konstituert dommer Remen