Milder reactions to addicts' possession of drugs for own use
Supreme Court judgment 8 April 2022, HR-2022-733-A, (case no. 21-159906STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Authority (Counsel Alf Butenschøn Skre) v. A (Counsel Jon Anders Hasle)
The penalty for violation of section 231 subsection 1 of the Penal Code – storage of 24 grams of amphetamine of normal strength – was a 60 hours' community sentence. The Supreme Court stated that the quantity meant that the case fell outside the legislative signals given during the Storting's discussion of the drug reform, and that the objective spread risk with the quantity involved had to have a significant impact on the sentencing. Community sentence was nevertheless a sufficiently harsh reaction. The Supreme Court referred to legislative statements on increased use of community sentences in connection with the adoption of the Penal Code 2005.
Key paragraphs: 22, 26, 39
Area of law: Criminal law. Section 231 of the Penal Code, section 31 subsection 2, cf. section 24 subsection 1 of the Medicine Act. Sections 61, 34 and 48 of the Penal Code.
Justices: Skoghøy, Webster, Kallerud, Bergsjø, Steinsvik