Not community sentence after nightlife violence

The penalty for violation of section 273 of the Penal Code was seven months of imprisonment, of which two were suspended. After an argument at an eatery, the defendant and the aggrieved party went outside to settle the matter, after which the aggrieved party immediately suffered a hard blow to the face with a clenched fist and then a tramp or kick in the head while lying on the ground. He suffered multiple fractures to his face and was on sick leave for a month. The sentencing was based on a penalty of six months of imprisonment, an additional two months for a prior conviction of violence and a small deduction for the processing time. Neither the course of events nor rehabilitation considerations could provide a basis for a community sentence.

Read the whole judgment (Norwegian only)

Areas of law: Criminal law, section 67 of the Penal Code

Key paragraphs: 36–37, 40–44

Parties: The Public Prosecution Authority (Counsel Ellisiv Emblem Bentdal) v. A (Counsel Jon Anders Hasle)

Justices: Matheson, Noer, Bergsjø, Ringnes, Bergh