Two fist blows were not aggravated physical assault

A sixteen-and-a-half-year-old defendant in a case involving aggravated physical assault had together with another hit the aggrieved person hard in the back of his head with a clenched hand and then with a clenched hand in his upper body, causing him to fall to the ground. The violence did not cause strong pain or injury. The Supreme Court stated that whether the physical assault harm is aggravated, see section 272 of the Penal Code, depends on an overall assessment of the nature, scope and character of the act. Whether the act has led to injury, severe pain or death is an important factor, but not a condition for the act to be considered aggravated. Also, one or more of the conditions mentioned in section 272 (a) to (f) may lead to the assault being considered aggravated, even if it has not caused severe pain, injury or death. In its individual assessment, the Supreme Court pointed out that although the act of violence was similar to an attack, it was not in the core area of section 272 (a). It was also pointed out that the violence was carried out by two perpetrators. On the other hand, it was an important factor that the fist blows did not cause injury or severe pain. The act was regarded as a borderline case, but not sufficiently serious to be regarded as aggravated physical assault under section 272. Making the act punishable under section 271 instead of under section 272 did not change the character of the act and therefore did not have a significant impact on the sentence.

Read the whole judgment (Norwegian only)

Area lf law: Criminal law. Sections 272 and 271 of the Penal Code. 

Key paragraph: 35

Justices: Indreberg, Normann, Noer, Ringnes, Høgetveit Berg