Grouse hunter acquitted after hunting accident

A grouse hunter had hit his hunting partner with some pellets in the leg while attempting to shoot a grouse. When the grouse was discovered and the defendant asked the aggrieved person to take cover, the latter confirmed that he had cover behind a tree. Before the shot, however, he moved a few meters without giving notice and without the defendant noticing. This was contrary to the established routine between the two. The Supreme Court considered the case to be a borderline case, but came to the conclusion that the requirement of care in section 188 had not been violated. It was emphasised that no shots must be fired until the hunter is certain that it is safe. However, the situation must be individually assessed. The aggrieved person would not have been hit if he had not unexpectedly changed positions. In this specific situation, it was too strict to require that the defendant should have made sure once more that the aggrieved party had not moved before he pulled the trigger.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 188 of the Penal Code. 

Key paragraphs: 15, 23, 24

Justices: Noer, Bull, Falch, Østensen Berglund, Thyness