Fourteen-year-old was subjected to aggravated bodily harm

Supreme Court judgment 30 June 2022, HR-2022-1321-A, (case no. 21-154811STR-HRET), criminal case, appeal against judgment. 

The Public Prosecution Authority (Counsel Mads Fredrik Baardseth) v. A (Counsel John Christian Elden)

The penalty for violation of section 272 of the Penal Code was 45 days of imprisonment. The convicted person had followed after some boys who repeatedly had rang his doorbell and ran away. He caught one of the boys and forced him to the ground. As a result, the boy sustained a concussion that developed into chronic ailments. The Supreme Court considered the bodily harm aggravated, and emphasised in particular the harm caused. The power imbalance between the parties was also given weight. The provocation provision in section 271 subsection 2 (b) of the Penal Code was not applicable. In the sentencing process, the Supreme Court found that the act in itself would give an immediate sentence of 60 days, but this was reduced to 45 days because of the convicted person's confession and lengthy proceedings due to the Covid-19 pandemic.  

Read the whole judgment (in Norwegian only)

Area of law: Criminal law. Section 272 of the Penal Code.

Key paragraphs: 19–21 and 33–34

Justices: Falkanger, Noer, Bergsjø, Østensen Berglund, Thyness