Sentence of 45 days of imprisonment for fire in Florø

Supreme Court judgment 29 June 2023, HR-2023-1251-A (case no. 23-036215STR-HRET), criminal case, appeal against judgment. 

A (Counsel Øystein Ola Storrvik) v. The Public Prosecution Authority (Counsel Kristine Herrebrøden)

The sentence for violation of section 190 subsection 2 of the Penal Code see section 5 subsection 1 of the Fire and Explosion Protection Act was set to 45 days imprisonment. To thaw a frozen water pipe, the accused had placed a switched-on hot air gun against the pipe and left it unattended. A fire broke out, causing extensive material damage. When sentencing, emphasis was placed on the obvious risk of injury from the defendant's actions, and on the significant potential for injury in the event of a fire. In the worst case, human life could have been lost. Strong considerations of general deterrence came into force. The Supreme Court started from a penalty level of 60 days of imprisonment, which was reduced to 45 days due to a long stay with the police.

Read the whole judgment (Norwegian only) 

Area of law: Criminal law. Section 190 of the Penal Code, section 5 of the Fire and Explotion Prevention Act. 

Key paragraphs: 22, 30-36, 39

Justices: Indreberg, Bull, Arntzen, Bergh, Høgetveit Berg