Life-threatening injuries after stabbing - the Court of Appeal's judgment set aside

At a party where the participants were strongly intoxicated, one participant stabbed one of the others in the stomach with a kitchen knife. The victim sustained life-threatening injuries, but survived due to medical care. The Court of Appeal's majority found that the requirements of "unclear" or "blurry" indirect intent with regard to a lethal outcome had not been met, and convicted the defendant of aggravated bodily harm, see section 274 subsection 1 cf. section 273 of the Penal Code. The Supreme Court found that the requirement of intent in section 22 subsection 1 (b) of the Penal Code can be met even if the perpetrator has not had any active thoughts regarding the act or the consequences thereof at the time of the act, provided he has knowledge that covers the description of the act in the relevant penal provision. The Court of Appeal had not further discussed the question of whether the defendant could have had passive knowledge that the stabbing most likely would result in the aggrieved party's death. Thus, the requirement of intent had not been correctly applied. The Court of Appeal's judgment was set aside.

Read the whole order (Norwegian only)

Area of law: Criminal law, section 22 of the Penal Code

Key paragraphs: 27

Justices: Øie, Normann, Bull, Arntzen, Falch