Serious stalking by threats in text messages was not sufficient for committal to psychiatric care

A psychotic man who was committed to compulsory psychiatric care and medical treatment under the Mental Health Care Act had, over a period of two years, sent around 2,400 text messages containing death threats and threats of violence to a woman who had been a teacher for his former spouse before the breakup. He had also sent threatening text messages to his former spouse, her co-habitant and police officers, and harassed his former spouse. The Supreme Court's majority of three justices found no basis for committing him to psychiatric care, see section 62 of the Penal Code. The requirement in section 62 subsection 1 of a risk of another serious violation of someone's integrity was not considered met. The present risk was not considered sufficiently serious, as the stalking took place exclusively in the form of text messages. It involved repeated offenses that were harmful to society or particularly bothersome. However, the additional requirement in section 62 subsection 2, that measures other than committal to psychiatric care must have proven clearly unsuitable was not met, as he is currently undergoing adequate treatment. The Court ruled in his favour in the request for committal to psychiatric care. The aggravated damages to the aggrieved parties had to be significantly reduced due to the man's unaccountability at the time of the offences. The woman subjected to serious stalking was awarded NOK 50,000, and the man's ex-spouse and her cohabitant were awarded NOK 10,000 each, see section 1-3 of the Compensatory Damages Act. A minority of two justices found that the conditions for committal to psychiatric care under section 62 subsection 1 of the Penal Code were met. Dissenting opinions 3-2.

Read the whole judgment (Norwegian only)

Area of law: Criminal law.

Key paragraphs: 61, 65, 67, 69-70, 79-80, 87-88, 98

Justices: Indreberg, Ringnes, Arntzen, Falch, Østensen Berglund