Stipulation of penalty when a person sentenced to preventive detention commits new criminal acts

In 2021, a man was sentenced to preventive detention with a time frame of nine years and a minimum term of six years for, among other things, sexual assault and aggravated abuse in close relationships. While the man was still in custody – before he started serving the preventive detention sentence – he committed new serious criminal acts. The issue in the case is how the penalty should be stipulated in such a case.

The new acts consisted of deprivation of liberty and threats. The District Court and the Court of Appeal found that that these actions, in isolation, would have indicated a sentence of approximately 1year and 6 months. In the Supreme Court's view, this is not too strict.

The Supreme Court also agrees with the other instances that there is a basis for imposing a new, joint preventive detention sentence. The power to do so must follow from the system of the Penal Code, even if there are no provisions that directly regulate the issue.

Based on the general principles for stipulating the preventive detention sentence, the time frame in this case must be set at 10 years and 6 months and the minimum period at 7 years. The individual stipulation in the judgment's conclusion must nonetheless take into account the part of the preventive detention sentence that has now been served, as well as the time spent in custody on remand.

The judgment clarifies the penalty when a person sentenced to preventive detention commits new criminal acts.

Read the whole judgment (Norwegian only) (PDF)

Key paragraphs: 32, 37, 42, 44, 48

Area of law: Strafferett. Straffutmåling. Forvaring

Justices: Øie, Bergsjø, Bergh, Østensen Berglund, Steinsvik