Reversal of youth sentence – parts of the prison sentence may be suspended

When converting a youth sentence into a sentence of imprisonment due to a breach of conditions, see section 52 c subsection 1 (a), one year, ten months and 15 days remained of the alternative sentence. The Supreme Court found that the conversion gave an opportunity to suspend the alternative prison sentence in whole or in part. The assessment had to be based on how much of the sentence would have been suspended if a youth sentence had not been used. In the individual assessment, it was strongly emphasised that a large period of the sentence would then have been suspended because the defendant was 15 1/2 years old at the time of the offence. It was also emphasised that the offence in question was committed seven years ago, and that he had not been followed up in accordance with the intentions behind youth sentencing. The sentence was set to one year, ten months and 15 days of imprisonment. Of this, 75 days were made immediate and the rest suspended.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Youth sentence.

Key paragraphs: 29, 32, 33

Justices: Falkanger, Bergsjø, Bergh, Steinsvik og kst. dommar Elsheim