Sentence for a drug addict's dealings with 21.75 grams of heroin

A heavy drug user aged 55 was charged with, among other things, two incidents of storage of 21.75 and 7.39 grams of heroin respectively, see section 232 subsection 1 cf. 231 subsection 1 of the Penal Code. The Supreme Court stated that the reduction in the ordinary sentences for drug addicts' dealings with narcotic drugs for personal use was not relevant to item regarding the 21.75 grams. The act qualified for a sentence of around 10 months of imprisonment. The 7.39 grams slightly exceeded the guiding limit of five grams for sentencing to be waived, see section 61 of the Penal Code. Considered in isolation, the act would have given a short, suspended prison sentence, and was considered an aggravating factor in the determination of the total penalty. Two violations of section 155 of the Penal Code would have given a prison sentence of around 45 days. A starting point of around one year of imprisonment was reduced by one month for the defendant's partial confession and by another month for lengthy proceedings. Consequently, the sentence was set at 10 months of imprisonment.

Read the whole judgment (Norwegian only)

Area of law: Criminal law. Section 61 of the Penal Code. 

Key paragraphs: 15-17, 20, 24

Justices: Webster, Normann, Kallerud, Arntzen, Bergh