No drug-treatment program with court control after violence conviction

The penalty for violations of sections 282 and 271 of the Penal Code, section 31, cf. section 22 etc., of the Road Traffic Act was set to two years and three months of imprisonment, of which six months were suspended. The convicted person had subjected his mother, who was in her late 70s, to physical and mental abuse over a five-year period. He had also physically assaulted his then girlfriend on two occasions. He had been a drug addict for 25 years, which had also influenced the offences, but had now entered a rehabilitation situation. However, his personal circumstances did not provide a basis for making the sentence, either full or in part, conditional on participation in a drug-treatment program with court control, see section 3 subsection 2 of Regulations on drug-treatment program with court control. The gravity of the violence precluded such a reaction.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Sections 38, 271, 282 of the Penal Code

Key paragraphs: 26, 27, 31, 36 and 37

Justices: Normann, Bull, Kallerud, Thyness, Steinsvik