Increased sentence for repeated violations of someone's integrity
Supreme Court judgment 13 December 2022, HR-2022-2380-A, (case no. 22-120084STR-HRET), criminal case, appeal against judgment.
A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Eli Reberg Nessimo)
The Court of Appeal had set the penalty for, among other things, violence and threats against a former spouse and breach of a restraining order to one year of imprisonment. An increase of eight months had then been made for repeated offences, see section 79 (b) and section 77 k of the Penal Code. The convicted person had previously been punished multiple times for acts of the same nature. The Court of Appeal's conviction was the fourth since 2014 for violence against his former spouse. The Supreme Court found that the punishment should initially be four to five months of imprisonment, and that the repetition supplement for the offenses against his former spouse had to be around seven months of imprisonment. Other offences gave a supplement of a short immediate prison sentence. The convicted person's appeal against the Court of Appeal's sentence was dismissed.
Read the judment (Norwegian only)
Area of law: Criminal law. Sections 77, 79, 168, 263, 271 of the Penal Code
Key paragraphs: 27, 31 og 32
Justices: Øie, Arntzen, Falch, Bergh, Høgetveit Berg